Blood Sample Warrants in Conveyance Investigations: Difference between revisions
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==Warrant to Take Samples== | ==Warrant to Take Samples== | ||
{{ | {{quotation2| | ||
; Warrants to obtain blood samples | ; Warrants to obtain blood samples | ||
320.29 (1) A justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner or a qualified technician to take the samples of a person’s blood that, in the opinion of the practitioner or technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood alcohol concentration or blood drug concentration, or both, if the justice is satisfied, on an information on oath in Form 1 | 320.29 (1) A justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner or a qualified technician to take the samples of a person’s blood that, in the opinion of the practitioner or technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood alcohol concentration or blood drug concentration, or both, if the justice is satisfied, on an information on oath in Form 1 {{AnnSec|Form 1}}, that | ||
:(a) there are reasonable grounds to believe that the person has, within the preceding eight hours, operated a conveyance that was involved in an accident that resulted in bodily harm to themselves or another person or in the death of another person; | :(a) there are reasonable grounds to believe that the person has, within the preceding eight hours, operated a conveyance that was involved in an accident that resulted in bodily harm to themselves or another person or in the death of another person; | ||
:(b) there are reasonable grounds to suspect that the person has alcohol or a drug in their body; and | :(b) there are reasonable grounds to suspect that the person has alcohol or a drug in their body; and | ||
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; Form | ; Form | ||
(2) A warrant issued under subsection (1) {{ | (2) A warrant issued under subsection (1) {{AnnSec3|320.29(1)A}} may be in Form 5 {{AnnSec|Form 5}}, varied to suit the case. | ||
<br> | <br> | ||
(3) [repealed, 2022, c. 17, s. 10]. | |||
(3) | |||
<br> | <br> | ||
; Duration of warrant | ; Duration of warrant | ||
(4) Samples of blood may be taken from a person under a warrant issued under subsection (1) {{ | (4) Samples of blood may be taken from a person under a warrant issued under subsection (1) {{AnnSec3|320.29(1)A}} only during the time that a qualified medical practitioner is satisfied that the conditions referred to in subparagraphs (1)(c)(i) and (ii) continue to exist. | ||
<br> | <br> | ||
; Copy | ; Copy to person | ||
(5) If a warrant issued under subsection (1) {{ | (5) If a warrant issued under subsection (1) {{AnnSec3|320.29(1)A}} is executed, the peace officer shall, as soon as practicable, give a copy of it — as a well as a notice in Form 5.1 {{AnnSec|Form 5.1}}, varied to suit the case — to the person from whom the samples of blood are taken. | ||
<br> | <br> | ||
; Taking of samples | ; Taking of samples | ||
(6) Subsections 320.28(7) to (10) apply with respect to the taking of samples of blood under this section. | (6) Subsections 320.28(7) to (10) {{AnnSec3|320.28(7) to (10)}} apply with respect to the taking of samples of blood under this section. | ||
<br> | <br> | ||
{{LegHistory10s|2018, c. 21}}, s. 15. | {{LegHistory10s|2018, c. 21}}, s. 15; | ||
| | {{LegHistory20s|2022, c. 17}}, s. 10. | ||
{{Annotation}} | |||
|{{CCCSec2|320.29}} | |||
|{{NoteUp|320.29|1|2|3|4|5|6}} | |||
}} | }} | ||
{{ | {{quotation2| | ||
; Testing blood — drug or alcohol | ; Testing blood — drug or alcohol | ||
320.3 Samples of a person’s blood that are taken for the purposes of this Part may be analyzed to determine the person’s blood alcohol concentration or blood drug concentration, or both. | 320.3 Samples of a person’s blood that are taken for the purposes of this Part {{AnnSec|Part VIII}} may be analyzed to determine the person’s blood alcohol concentration or blood drug concentration, or both. | ||
<br> | <br> | ||
{{LegHistory10s|2018, c. 21}}, s. 15. | {{LegHistory10s|2018, c. 21}}, s. 15. | ||
| | {{Annotation}} | ||
|{{CCCSec2|320.3}} | |||
|{{NoteUp|320.3}} | |||
}} | }} | ||
==Blood Sample Seizure in Impaired Driving Investigations (Until December 13, 2018)== | ==Blood Sample Seizure in Impaired Driving Investigations (Until December 13, 2018)== | ||
* [[Blood Sample Seizure in Impaired Driving Investigations (Until December 13, 2018)]] | * [[Blood Sample Seizure in Impaired Driving Investigations (Until December 13, 2018)]] | ||
Latest revision as of 07:05, 23 July 2024
| This page was last substantively updated or reviewed January 2023. (Rev. # 95701) |
General Principles
Warrant to Take Samples
- Warrants to obtain blood samples
320.29 (1) A justice may issue a warrant authorizing a peace officer to require a qualified medical practitioner or a qualified technician to take the samples of a person’s blood that, in the opinion of the practitioner or technician taking the samples, are necessary to enable a proper analysis to be made to determine the person’s blood alcohol concentration or blood drug concentration, or both, if the justice is satisfied, on an information on oath in Form 1 [forms], that
- (a) there are reasonable grounds to believe that the person has, within the preceding eight hours, operated a conveyance that was involved in an accident that resulted in bodily harm to themselves or another person or in the death of another person;
- (b) there are reasonable grounds to suspect that the person has alcohol or a drug in their body; and
- (c) a qualified medical practitioner is of the opinion that
- (i) by reason of any physical or mental condition of the person, the person is unable to consent to the taking of samples of their blood, and
- (ii) the taking of samples of the person’s blood will not endanger their health.
- Form
(2) A warrant issued under subsection (1) [warrants to obtain blood samples[1]] may be in Form 5 [forms], varied to suit the case.
(3) [repealed, 2022, c. 17, s. 10].
- Duration of warrant
(4) Samples of blood may be taken from a person under a warrant issued under subsection (1) [warrants to obtain blood samples[2]] only during the time that a qualified medical practitioner is satisfied that the conditions referred to in subparagraphs (1)(c)(i) and (ii) continue to exist.
- Copy to person
(5) If a warrant issued under subsection (1) [warrants to obtain blood samples[3]] is executed, the peace officer shall, as soon as practicable, give a copy of it — as a well as a notice in Form 5.1 [forms], varied to suit the case — to the person from whom the samples of blood are taken.
- Taking of samples
(6) Subsections 320.28(7) to (10) [Evaluation and samples of blood — drugs – handling sample] apply with respect to the taking of samples of blood under this section.
2018, c. 21, s. 15; 2022, c. 17, s. 10.
[annotation(s) added]
- Testing blood — drug or alcohol
320.3 Samples of a person’s blood that are taken for the purposes of this Part [Pt. VIII – Offences Against the Person and Reputation (ss. 214 to 320.1)] may be analyzed to determine the person’s blood alcohol concentration or blood drug concentration, or both.
2018, c. 21, s. 15.
[annotation(s) added]