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The Court of Appeal of Alberta has upheld the acquittal of a man accused of fleeing the scene after fatally hitting a Good Samaritan who pulled over to assist a fellow driver on Anthony Henday Drive.

In June 2014, Kieran Porter was acquitted of hit-and-run and careless driving in connection with a crash that killed 46-year-old Andrew Green. Green died on the night of June 13, 2012, after he pulled over to help a motorist with a flat tire.

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Then, Court of Queen’s Bench Justice Donna Shelley ruled the Edmonton Police Service breached Porter’s rights during a search of his Porsche and his statements to his insurance company.

In a recent decision, the Court of Appeal agreed with the trial judge. “The search that led to the seizure of the respondent’s vehicle was unauthorized, and the trial judge was correct to conclude that the evidence so obtained was obtained in breach of the respondent’s rights.”