Seizure of Bodily Samples: Difference between revisions
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==Introduction== | ==Introduction== | ||
Bodily samples cannot be taken without a warrant where the subject does not consent.<ref> | Bodily samples cannot be taken without a warrant where the subject does not consent.<ref> | ||
{{CanLIIR-N|Tomaso|, (1989), 70 CR (3d) 152 }}</ref> | |||
There are several methods of obtaining bodily samples: | There are several methods of obtaining bodily samples: | ||
* general warrant (s.487); | * general warrant (s. 487); | ||
* DNA Sample (s.487.05); | * DNA Sample (s. 487.05); | ||
* blood sample demand (s.254(3)); | * blood sample demand (s. 320.28); | ||
* DRE blood sample (s.254(3.4)); | * blood sample warrant (s. 320.29); | ||
* blood sample warrant (s.256); | <!-- | ||
* blood sample demand (s. 254(3)); | |||
* DRE blood sample (s. 254(3.4)); | |||
* blood sample warrant (s. 256); | |||
--> | |||
* bodily impressions (s. 487.092) | * bodily impressions (s. 487.092) | ||
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* [[Section 487.05 Seizure Warrant of DNA Samples]] | * [[Section 487.05 Seizure Warrant of DNA Samples]] | ||
==Blood Sample Seizure in Impaired Driving Investigations ( | ==Blood Sample Seizure in Impaired Driving Investigations (320.28, 320.29)== | ||
* [[Blood Sample | * [[Proof of Impairment by Drugs or Alcohol]] (320.28) | ||
* [[Blood Sample Warrants in Conveyance Investigations]] (320.29) | |||
==Body Print Impression Warrant (487.092) == | ==Body Print Impression Warrant (487.092) == | ||
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Blood taken by a nurse as part of hospital procedure will still be protected by an expectation of privacy.<ref> | Blood taken by a nurse as part of hospital procedure will still be protected by an expectation of privacy.<ref> | ||
{{CanLIIRP|Dyment|1ftc6|1988 CanLII 10 (SCC)|[1988] 2 SCR 417}}{{perSCC|Lamer J}}<Br> | |||
</ref> | </ref> | ||
Where an officer directs the nurse to store a blood sample for a period beyond the time intended by the hospital, it will effectively enter into the custody of police.<ref> | Where an officer directs the nurse to store a blood sample for a period beyond the time intended by the hospital, it will effectively enter into the custody of police.<ref> | ||
{{CanLIIRP|Pike|29w7k|2010 NLTD 97 (CanLII)|918 APR 342}}{{perNLSC|Thompson J}} | |||
</ref> | </ref> | ||
{{reflist|2}} | {{reflist|2}} | ||
==See Also== | |||
* [[Judicial Authorization Chart]] | |||
{{WarrantNavBar}} | {{WarrantNavBar}} | ||
Latest revision as of 14:40, 14 July 2024
| This page was last substantively updated or reviewed March 2021. (Rev. # 95525) |
Introduction
Bodily samples cannot be taken without a warrant where the subject does not consent.[1]
There are several methods of obtaining bodily samples:
- general warrant (s. 487);
- DNA Sample (s. 487.05);
- blood sample demand (s. 320.28);
- blood sample warrant (s. 320.29);
- bodily impressions (s. 487.092)
A bodily sample can also be obtained by consent.[2]
- ↑ R v Tomaso, (1989), 70 CR (3d) 152 (*no CanLII links)
- ↑ See Consent Search
General DNA Sample Seizure (s.487.05)
Blood Sample Seizure in Impaired Driving Investigations (320.28, 320.29)
- Proof of Impairment by Drugs or Alcohol (320.28)
- Blood Sample Warrants in Conveyance Investigations (320.29)
Body Print Impression Warrant (487.092)
Obtaining Blood Samples by General Warrant (487)
Where a nurse takes a blood sample from a patient as part of her regular course of duties, it is available to the police to obtain a warrant to seize the sample as evidence.
Blood taken by a nurse as part of hospital procedure will still be protected by an expectation of privacy.[1]
Where an officer directs the nurse to store a blood sample for a period beyond the time intended by the hospital, it will effectively enter into the custody of police.[2]
- ↑
R v Dyment, 1988 CanLII 10 (SCC), [1988] 2 SCR 417, per Lamer J
- ↑ R v Pike, 2010 NLTD 97 (CanLII), 918 APR 342, per Thompson J
See Also
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