13 N.Y.2d 276 (1963)

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Evidence obtained from a blood test for intoxication is admissible even without Miranda warnings, as it constitutes real or physical evidence rather than testimonial communication and does not violate the privilege against self-incrimination.

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Summary

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Burton was arrested for driving while intoxicated after a police officer found him drunk at the scene of a car accident. He consented to a blood test, which revealed intoxication. Burton argued that the test results were inadmissible because he was not given Miranda warnings before consenting. The New York Court of Appeals affirmed the conviction, holding that the blood test evidence was admissible because it was physical evidence and not testimonial, thus not protected by the Fifth Amendment. The court distinguished this case from situations where a defendant is explicitly denied access to counsel.

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Facts

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On May 14, 1966, a police officer found Burton’s car crashed into a utility pole.r
Burton, the car’s sole occupant, admitted he