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The Queen v. Susan P. (Newmarket)

Susan was injured in a motor vehicle accident and was taken to hospital. Police seized a sample of her blood from the hospital and found that her blood alcohol concentration was more than double the legal limit. At a pre-trial motion, the blood sample was excluded from evidence because the police did not follow proper procedures in obtaining a search warrant to seize the sample (a blood seizure is considered to be more intrusive than a breath sample). This was a violation of her right to be free from unreasonable search and seizure under the Charter of Rights. As a result, Susan was found Not Guilty.


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