Although the police have a certain level of authority that doesn’t mean they can do anything they want. Under Section 8 of the Canadian Charter of Rights and Freedoms, which protects individuals from unreasonable search and seizure, people under investigation still have rights. When authorities need to enter someone’s home as part of an investigation, they must adhere to specific guidelines to ensure the search is reasonable.
The Police Are at My Door
It is crucial to understand that while the police do have the right to knock on your door, there are limitations to their authority.
With a warrant – You must allow them to enter, but you are under no obligation to help them or respond to any questions. At this point, speak with a lawyer!
Without a warrant – You have no obligation to answer any questions, open your door, or allow entry into your house. Some exceptions may apply.
What is Warrantless Entry?
Although a majority of the time a warrant is necessary for lawful entry, police can enter a property without a warrant in certain situations, such as emergencies.
The police are permitted to enter your home without a warrant in what’s referred to as “exigent circumstances”. According to the Ontario Court of Appeal in R v Rao,,:
“Exigent” refers to something that needs to be done right away, urgent, a situation that is in dire need of attention, a serious situation that calls for quick action, or an emergency.
There are four situations in which police can enter a residence without a homeowner’s consent or a warrant under Canadian law and police regulations:
- Someone who committed a crime is in your home
- Someone who is about to commit a crime is in your home
- Someone who is about to or already harming a person is in your home
- Someone who needs first aid or rescue is in your home
Limits to Warrantless Entry
Although the police are allowed to enter without a warrant in some situations, there are still limits to warrantless entry. Speak with a lawyer if the police enter your home under the pretense of “exigent circumstances” and seize any evidence of a crime. Whether the search actually involved “exigent circumstances” can be determined by a lawyer. Any evidence discovered may be declared inadmissible if a judge decides the circumstances didn’t warrant this exception, which could result in the charges being withdrawn.
Do You Need to Speak to a Lawyer?
If you need to speak to a lawyer, reach out to Collett Read LLP for a confidential consultation today. Visit our contact page or call us at (905) 541-2228. Let us help you navigate through this difficult time.
