When is a breathalyzer room not part of the jurisdiction of the police?
Manitoba, Canada
The following excerpt is from R. v. Lamirande, 1987 CanLII 7017 (MB QB):
This is not a situation like in one of the cases where the accused had his place of business right next door, which was his own personal place, and could have been taken there and the phone used; nor is it a situation like in Porter v. The Queen, 46 C.R.(3d) 233, where he was taken to a small detention centre in the breathalyzer room which, of course, building was under the jurisdiction of the police officers and there was certainly no danger there of the accused in that case escaping.
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