Does a police officer who observes a person leaving a bar and shortly thereafter administers a screening device test without waiting at least 15 minutes have the necessary grounds to demand a breath sample?

Saskatchewan, Canada


The following excerpt is from R. v. Claypool, 2003 SKPC 116 (CanLII):

My colleague Bekolay P.C.J., in the case of R. v. Vassie 2001 CanLII 947 (SK PC), [2001] S.J. No. 312, held that a police officer who observes a person leaving a bar and shortly thereafter administers a screening device test without waiting at least 15 minutes did not have the requisite reasonable and probable grounds to demand a sample of breath. Meekma P.C.J. in R v. Flasch [2003] SKPC 121, considered a case in which an officer was told by the accused that he had consumed beer in a named hotel but he did not advise when the consumption had taken place. The court held that there was not sufficient evidence of recent consumption.

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