Our client was a youth pastor from the United States. He was here in Canada on a work visa with a local church. After a night of drinking at a friend’s home, K. elected to stay the night as he shouldn’t be driving. When he woke up in the morning he proceeded home and was stopped by a Cochrane RCMP officer following a perceived traffic violation. When the officer smelled alcohol, a roadside breath test was requested. The client declined to blow as he feared that he may be over the limit. While the client was not facing jail, the stakes were truly high on account of the client’s profession and the immigration consequences. Ultimately, at trial it was argued that the officer violated Mr. B’s constitutional rights to be free from unreasonable search or seizure. The argument was a persuasive one as the criminal charges against him were dismissed.