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>R v Tomaso, (1989), 70 CR (3d) 152 (Ont. CA) {{NOCANLII}}</ref> | Bodily samples cannot be taken without a warrant where the subject does not consent.<ref>''R v Tomaso'', (1989), 70 CR (3d) 152 (Ont. CA) {{NOCANLII}}</ref> | ||
There are several methods of obtaining bodily samples: | There are several methods of obtaining bodily samples: | ||
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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> | ||
R v Dyment, [1988] 2 SCR 417, [http://canlii.ca/t/1ftc6 1988 CanLII 10] (SCC){{perSCC|Lamer J}}<Br> | ''R v Dyment'', [1988] 2 SCR 417, [http://canlii.ca/t/1ftc6 1988 CanLII 10] (SCC){{perSCC|Lamer J}}<Br> | ||
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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> | ||
R v Pike, [http://canlii.ca/t/29w7k 2010 NLTD 97] (CanLII){{perNLSC|Thompson J}} | ''R v Pike'', [http://canlii.ca/t/29w7k 2010 NLTD 97] (CanLII){{perNLSC|Thompson J}} | ||
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Revision as of 12:14, 13 January 2019
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.254(3));
- DRE blood sample (s.254(3.4));
- blood sample warrant (s.256);
- bodily impressions (s. 487.092)
A bodily sample can also be obtained by consent.[2]
- ↑ R v Tomaso, (1989), 70 CR (3d) 152 (Ont. CA) (*no CanLII links)
- ↑ See Consent Search
General DNA Sample Seizure (s.487.05)
Blood Sample Seizure in Impaired Driving Investigations (256)
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] 2 SCR 417, 1988 CanLII 10 (SCC), per Lamer J
- ↑ R v Pike, 2010 NLTD 97 (CanLII), per Thompson J
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