Can police enter and search your home without your explicit permission? Can you tell them to “get a warrant,” as we often see in films and on TV? This subject needs some clarification in the Canadian context.
Every Canadian should know their rights when it comes to facing the police. While law enforcement has certain authority, there are only some circumstances in which it is legal for them to enter a property or home in Canada.
To help you be prepared and make an informed decision, this post, prepared by a leading criminal defence lawyer in Brampton, outlines when police can enter your home.
Let’s get started.
When Can Canadian Police Search Your Property?
Here are only some circumstances in which police can legally enter a Canadian home.
1. Entry with a Warrant
In Canada, police can enter your property if they have presented you with a valid warrant, including an arrest warrant. This is a signed document that states the name of the person who needs to be arrested or mentions what the police may be searching for within the home. With this warrant, police can enter a property without the owner’s consent. If you refuse to allow them entry, there is a good chance you will be charged with obstruction.
2. Entry with Your Permission (Without a Warrant)
If law enforcement authorities suspect that a crime has been committed or is taking place in your home, they are likely to check it out.
Do not feel pressured into letting police enter your home if they do not produce a warrant. However, if they believe a crime is being committed on the property, they can enter without one. Examples include if they think you have a hostage or are trafficking people.
3. In Emergency Situations (Warrantless)
Under Canadian police regulations and law, there are instances where law enforcement can enter your home without a warrant or the permission of the homeowner. They are:
- When one or more persons needs first aid or have to be rescued from the property.
- When someone is about to hurt or is hurting another individual within the home.
Apart from these instances, police need a warrant to legally enter your home without your permission. You can talk to your criminal defence lawyer in Brampton to understand the best possible course of action.
Regardless of the reason why law enforcement visits your house, keep in mind that they can only enter without your permission under the circumstances stated above. It is important to understand the actions you are entitled to take to protect your property and home from law enforcement authorities. That means that if a police officer tries to enter your home without a warrant, you can deny them entry. For more legal advice, get in touch with a criminal defence lawyer in Brampton from Saini Law. They will inform you of your rights and answer any questions you may have on the matter.