BLOOD DEMAND AND SEARCH WARRANT FOR HOSPITAL BLOOD SAMPLES
Saturday, October 19, 2013 at 10:52AM
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A rights to counsel issue arose when officers were dealing with Mr. Taylor at the hospital. Samples of his blood were obtained pursuant to a blood demand. The next day an information to obtain a search warrant was prepared, a search warrant was issued by a Provincial Court Judge, and Mr. Taylor's hospital blood samples were seized and sent for analysis. He was convicted of three counts of impaired driving causing bodily harm. A majority of the Alberta Court of Appeal (Slatter J.A. dissenting) allowed Mr. Taylor's appeal, quashed the conviction, and entered an acquittal.

The issues associated with investigating a suspected impaired driver in a hospital setting are complex, as is evidenced by this (122 paragraph!) judgment in which the panel itself reached different conclusions. R. v. Taylor, 2013 ABCA 342

Article originally appeared on Investigating Impaired Drivers (https://www.lawprofessionalguides.com/).
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