Use of Expired Road Side Screening Devices

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28medcoy
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Use of Expired Road Side Screening Devices

Postby 28medcoy » Sat Mar 31, 2012 5:34 pm

In the Court of Appeal of Alberta
Citation: R. v Biccum, 2012 ABCA 80

The issue on this appeal is whether it was reasonable for a police officer to rely on an “approved screening device” (under s. 254 of the Criminal Code) which had “expired”. A sticker on the device indicated that it was due for recalibration, and that it should not have been used after midnight of the previous day.

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Ditto...Rob

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Re: Use of Expired Road Side Screening Devices

Postby Pete Broccolo » Sat Mar 31, 2012 7:32 pm

TL:DR, but, bottom line, the local senior Breath Tech should be more on the ball.
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Re: Use of Expired Road Side Screening Devices

Postby polarbear » Sat Mar 31, 2012 7:45 pm

*Edit - Just realized I was on the public side*.
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Rob
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Re: Use of Expired Road Side Screening Devices

Postby Rob » Sun Apr 01, 2012 10:45 am

And what is the point you are trying to make 28medcoy?
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Re: Use of Expired Road Side Screening Devices

Postby HwyBear » Sun Apr 01, 2012 12:58 pm

opp2 wrote:Actually it becomes a real dilemma in a detachment such as ours where in our devices are calibrated every Sunday, thus making them "Expired" from 00:00 on the Sunday (Saturday night shift). What do you do? Bring them in the office and not use them every second Saturday? Have 2 Calibration dates? .


we used to have the calibration every wednesday....keeps away from fri/sat/sun or mon on long weekend, but then our POA is wednesday, so officers want to prep for that, and then the "search" is on getting them out of all the cruisers, when typically sunday is car check day
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Re: Use of Expired Road Side Screening Devices

Postby Toonces » Sun Apr 01, 2012 1:38 pm

I get sooooooo annoyed when all he alcotests are expired!
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Re: Use of Expired Road Side Screening Devices

Postby basketcase » Sun Apr 01, 2012 2:11 pm

The two wek calibration is policy. Use it anyway and have the tech testify that the results are still accurate.
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Re: Use of Expired Road Side Screening Devices

Postby A.T.R. » Sun Apr 01, 2012 2:42 pm

Why do you post such long ass case law stuff.......not break it up......then have nothing to offer?

Your posts are friggin' annoying and border on spam.
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Re: Use of Expired Road Side Screening Devices

Postby Toonces » Sun Apr 01, 2012 3:08 pm

basketcase wrote:The two wek calibration is policy. Use it anyway and have the tech testify that the results are still accurate.

Obviously.
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Re: Use of Expired Road Side Screening Devices

Postby 28medcoy » Sun Apr 01, 2012 7:26 pm

My point is to educate those who may not be aware of this decision.

ATR, I admit I should have posted the link instead of the full decision and appreciate the edit...however I dont think that I have to offer an opinion on a decision of this nature. Although you may not need help with being made aware of case law, I sure there is at least one person that appreciates it.

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Re: Use of Expired Road Side Screening Devices

Postby basketcase » Sun Apr 01, 2012 9:20 pm

Are you a cop? I'm fairly confident that cops are aware of these decisions.
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Re: Use of Expired Road Side Screening Devices

Postby SupahDuck » Mon Apr 02, 2012 12:21 am

And it's ALWAYS informative to start these discussions on the public side, isn't it.....

Especially without any comment or context of your own.....

Honestly, a lot of this stuff is better kept on the private side, but I guess you can't do that, eh medcoy? Coz you're not a PO.

Makes us wonder about your motivations, it does.
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Re: Use of Expired Road Side Screening Devices

Postby bainne » Mon Apr 02, 2012 6:26 am

SupahDuck wrote:And it's ALWAYS informative to start these discussions on the public side, isn't it.....

Especially without any comment or context of your own.....

Honestly, a lot of this stuff is better kept on the private side, but I guess you can't do that, eh medcoy? Coz you're not a PO.

Makes us wonder about your motivations, it does.



Well given that not everyone on this forum is a PO and isn't updated on current case law through the course of our employment, topics like this allow us to be made aware of interesting or unique cases without us having to troll CanLii on a daily basis or wait for the media to give us their spin on it.

I don't understand why case law is better off in a private forum instead of a public forum which happens to be specifically titled "Case Law", or am I simply misunderstanding the forum title :?:

Our court & justice system is public by design and the document itself is public record. Why is it better to keep it hidden and confined only to discussion by industry employees? Appellate court justices felt it was important enough and fit for public publication and scrutiny, but I suppose you know better?

28medcoy, I am at least one of those people who appreciate your posting. An interesting issue for sure.

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Re: Use of Expired Road Side Screening Devices

Postby Stinger » Mon Apr 02, 2012 7:59 am

basketcase wrote:The two wek calibration is policy. Use it anyway and have the tech testify that the results are still accurate.


Yep. As a tech I would agree. Although the techs should be keeping an eye on them weekly, or when it gets close to a weekend.


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