Use of Expired Road Side Screening Devices

[28medcoy]

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.

FULL CASE

Ditto...Rob

[Pete Broccolo]

TL:DR, but, bottom line, the local senior Breath Tech should be more on the ball.

[polarbear]

*Edit - Just realized I was on the public side*.

[Rob]

And what is the point you are trying to make 28medcoy?

[HwyBear]

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

[Toonces]

I get sooooooo annoyed when all he alcotests are expired!

[basketcase]

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

[A.T.R.]

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.

[Toonces]

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

Obviously.

[28medcoy]

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.

[basketcase]

Are you a cop? I'm fairly confident that cops are aware of these decisions.

[SupahDuck]

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.

[bainne]

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.

[Stinger]

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.