In Schmerber v. California the Supreme Court reaffirmed the admissibility of blood test evidence procured without consent of the accused. Rejecting petitioner's fourth and fifth amendment claims, the Court utilized a refined definition of the privilege against self-incrimination in determining the reasonableness of intracorporeal search and seizure. Moreover, the approach taken by the majority arguably presages the demise of the mere evidence rule.
Constitutional Law: Supreme Court Delineates the Relationship Between the Fourth and Fifth Amendments,
1967 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol16/iss2/6