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SOUTH DAKOTA v. NEVILLE

No. 81-1453.

459 U.S. 553 (1983)

SOUTH DAKOTA v. NEVILLE

Supreme Court of United States.

Decided February 22, 1983.

Attorney(s) appearing for the Case

Mark V. Meierhenry, Attorney General of South Dakota, argued the cause for petitioner. With him on the briefs was Mark Smith, Assistant Attorney General.

David R. Gienapp argued the cause and filed a brief for respondent.*

JUSTICE O'CONNOR delivered the opinion of the Court.

Schmerber v. California, 384 U.S. 757 (1966), held that a State could force a defendant to submit to a blood-alcohol test without violating the defendant's Fifth Amendment right against self-incrimination. We now address a question left open in Schmerber, supra, at 765, n. 9, and hold that the admission into evidence of a defendant's refusal to submit to such...

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