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E86| A collision, an odour, a medical blood draw & an ITO. Was the reasonable belief standard met?
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In this episode, Mike discusses the New Brunswick Court of Appeal decision R. v. Gallant, 2024 NBCA 135 where a police officer applied for and received a warrant to seize and analyze blood samples taken by hospital staff for medical purposes. The affiant’s ITO referenced police reports from two other officers as a basis for their reasonable grounds to support the warrant. This included (1) the circumstances surrounding a serious accident as reported to an officer by another driver and (2) the very strong odour of alcohol coming…
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