R. v. P.S.

The accused was charged with impaired driving and operating a motor vehicle with a blood alcohol concentration in excess of the legal limit.  He was acquitted of both charges.  Defence counsel raised charter issues pertaining to the constitutionality of evidence collected via an approved screening device.  The trial judge found that the investigating officer ought to have taken more thorough and comprehensive notes of the incident and that he was, on occasion, testifying about a different case.  The trial judge concluded that in the circumstances, the officer violated the accused’s charter right to be free from unreasonable search and seizure due to problems in administrating the roadside test.