The police seizing a body fluid sample from you is also considered a seizure as well as a search. The way in which the seizure is conducted must be reasonable.
Usually, police may not seize anything of yours unless they have a warrant or your consent. But there are exceptions – police may take items from you without your consent or a warrant in a few situations including:
- If there are reasonable and probable grounds to believe that you have offence-related property, an item used for an offence, or evidence of an offence (for example, drugs or weapons), and there is an immediate need to seize the items and it would be too difficult to get a warrant.
- In the case of detention or arrest: If you are detained, police can seize anything on your person for their safety, your safety, or the safety of others. Upon arrest, police can also seize evidence found on you.
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