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State v. Buchholz8/11/1999
, § 9 of the South Dakota Constitution provides in part:
"No person shall be compelled in any criminal case to give evidence against himself[.]" (Emphasis added).
The language of Article VI, § 9 provides broader protection than the Fifth Amendment which provides: "No person ... shall be compelled, in any criminal case, to be a witness against himself[.]" () The word "evidence" used in Article VI, § 9 encompasses more than mere testimony. The process imposed here violated Article VI, § 9 because it clearly compelled Buchholz to give evidence against herself in a criminal case.
[ ] The prohibition contained in Article VI, § 9 does not prevent law enforcement from ever obtaining samples of urine, blood or other bodily substances under proper circumstance such as exigent circumstances or a warrant based on probable cause. However, in this case, law enforcement did not obtain a warrant before seizing Buchholz's urine and exigent circumstances to excuse the necessity of obtaining a warrant did not exist.
[ ] Therefore, we should reverse and remand for a new, fair trial.
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