The majority did note that a trial judge retains discretion to exclude evidence in a given case, based on the sorts of potential problems we identified, including an individual DRE's inability to explain how he / she made the determination, evidence of bias, failure to comply with the training, and contradiction of the DRE's opinion
by bodily sample evidence or even the evidence of bystanders.
Not exact matches
The company has developed a highly differentiated technology for rapid pathogen detection
by direct
sampling of
bodily fluids.
But what do you get when you use modern DNA techniques to analyze
bodily samples allegedly left
by yetis?
Easier to operate than to describe, this is a sound - producing system activated
by bodily movement; as they register in the eye of the camera, different motions and different colors trigger specific
samples, ranging from a slammed car door to gunfire and from rich orchestral pads to sexual noises.
APPEAL
by accused against conviction on one count of assault causing
bodily harm, sentence to two - year term of probation and $ 1,000.00 fine, and order to provide DNA
sample.
Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing
bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA
sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained
by victim were not accidental and could not have occurred in any other fashion than as stated
by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resulted.
(a) shall, subject to subsection (2), in the case of a primary designated offence, make an order in Form 5.03 authorizing the taking, from that person, for the purpose of forensic DNA analysis, of any number of
samples of one or more
bodily substances that is reasonably required for that purpose,
by means of the investigative procedures described in subsection 487.06 (1).
A DNA order, made
by a judge, allows the police to take a
sample of
bodily substances (such as saliva or blood) from an offender.
Medical Laboratory Scientists aid in the treatment of diseases
by testing
bodily fluid, blood, and other
samples, keeping records for quality control and adhere to laboratory policies.