A justice of the peace remanded him to three days in custody in hopes that the evidence would pass naturally.

In the meantime, RCMP Cpl. Mac Eaton tried to convince Nguyen to allow the police to escort him to Stanton Regional Hospital, where the process could be safely hastened and his health could be monitored in case the bag broke.

Nguyen initially refused but later nervously agreed to go. The next morning the bag, which contained 5.5 grams of cocaine, was retrieved.

Nguyen's lawyer, Andy Maher, argued that as the police didn't have a search warrant, taking Nguyen's bowel movement amounted to an illegal search and seizure.

Judge Michel Bourassa said the definition of seizure is "to take into custody." He pointed out that only the bag was taken into custody.

Maher countered that because Nguyen was in custody, his bodily excretions were also in custody.

Bourassa found Nguyen guilty, ruling that by consenting to admission to the hospital, Nguyen was implicitly consenting to whatever he swallowed being seized by police. Bourassa added that Nguyen had the option of waiting in cells for a further two days and refraining from a bowel movement, in which case he would likely have been released.

Before sentencing, Bourassa said the circumstances in the case were "extremely aggravating." Nguyen had only been a resident of Yellowknife for seven months and couldn't find a job during that time. Yet, he had the money to buy cocaine, Bourassa noted.

Nguyen had no criminal record, but Bourassa noted that the possession of cocaine is a serious problem in Yellowknife and there must be a deterrent.