Police can enter your home against your will and without a warrant.

[Guest]

Hi all,

Did you know that the local police can knock on your door and say they want to come in and just enter your home against your will and without a warrant.
Well, in Montreal. Quebec they can do that.
I don't know about in your province.

Comments?

Babe,

xoxo

[Shyla Wild]

Yes babe, it's a bit of a loophole. You can refuse them entry, but you can be arrested for impeding Justice. You are better off letting them in. They cannot search the property so make sure to keep things out of sight.

I do believe this is true across Canada.

[Alexis]

Yes babe, it's a bit of a loophole. You can refuse them entry, but you can be arrested for impeding Justice. You are better off letting them in. They cannot search the property so make sure to keep things out of sight.

I do believe this is true across Canada.

They need proof of a crime being committed, a person with a warrant suspected of being there or some other probable cause..

They can enter as such but if they do not have cause you can charge them with illegal entry and invasion of privacy after the fact..

Further if they enter illegally without cause then any evidence they find against you cannot be used in some cases but illegal things will be seized..

If they say they are coming in and do not have a warrant or a writ tell them you refuse them entry under the charter of rights..

If they insist on coming in do not resist and record it on video.. you are allowed to record it..

Never resist.. if they are in the wrong shove a good civil rights lawyer up their ass..

[Rockheart]

They need proof of a crime being committed, a person with a warrant suspected of being there or some other probable cause..

They can enter as such but if they do not have cause you can charge them with illegal entry and invasion of privacy after the fact..

Further if they enter illegally without cause then any evidence they find against you cannot be used in some cases but illegal things will be seized..

If they say they are coming in and do not have a warrant or a writ tell them you refuse them entry under the charter of rights..

If they insist on coming in do not resist and record it on video.. you are allowed to record it..

Never resist.. if they are in the wrong shove a good civil rights lawyer up their ass..

They don't need proof, they need reasonable cause.
The smell of pot,
Seeing something through the window,
Hearing something,
Having a report from someone else,
Reasonable suspicion you are doing something illegal,
Dire need due to an emergency or disaster situation,
State of emergency or war,
You know Rob Ford,
etc.

Just don't answer the door.
If it is really serious they may kick it in, but chances are they won't.

[Gentlemen J]

[QUOTE=Babe;444722]Hi all,

Did you know that the local police can knock on your door and say they want to come in and just enter your home against your will and without a warrant.
Well, in Montreal. Quebec they can do that.
I don't know about in your province.

Comments?[/QUOTE]

They can knock on your door and say they want to come in all they want but they have no legal authority in doing so.

If they are responding to a 911 call....that is different and there is sufficient authority and case law to allow entry into your residence, even kicking in the door if there is no response.

A man's home is his castle and police have NO right of entry.....even in Montreal. Obviously you haven't provided all the details to accurately respond but police require reasonable and probable grounds. Even if a warrant for arrest exists for an individual and the police know that person is in the residence they have NO authority to enter unless they have a specialized warrant that authorizes entry.

You hear a lot about police corruption and the police exercising they authority outside of legislation......perhaps this is the case here.

[Alexis]

They don't need proof, they need reasonable cause.
The smell of pot,
Seeing something through the window,
Hearing something,
Having a report from someone else,
Reasonable suspicion you are doing something illegal,
Dire need due to an emergency or disaster situation,
State of emergency or war,
You know Rob Ford,
etc.

Just don't answer the door.
If it is really serious they may kick it in, but chances are they won't.

I may have over worded it..

They need to provide proof of a crime or probable cause like I said..

"I could smell pot as I walked by the house" will not stand in court.. they need a warrant for a drug search..

They can enter without proof or cause as well.. but that makes them liable..

And you cannot stop them from coming in if they want to.. they can also search your home without your consent..

The only thing you can do is verbally protest and document the event for court..

The RCMP very rarely do any type of illegal entry as they do not want the associated liabilities..

If any peace officer enters your home against your will and without cause you can sue their department for illegal entry and invasion of privacy..

[Shyla Wild]

Wrong.....

They can knock on your door and say they want to come in all they want but they have no legal authority in doing so.


If they are responding to a 911 call....that is different and there is sufficient authority and case law to allow entry into your residence, even kicking in the door if there is no response.


A man's home is his castle and police have NO right of entry.....even in Montreal. Obviously you haven't provided all the details to accurately respond but police require reasonable and probable grounds. Even if a warrant for arrest exists for an individual and the police know that person is in the residence they have NO authority to enter unless they have a specialized warrant that authorizes entry.


You hear a lot about police corruption and the police exercising they authority outside of legislation......perhaps this is the case here.

You stop the police from entering your home while they are trying to arrest someone and you will be charged for impeding Justice.



Criminal Code of Canada


529.3. Authority to enter dwelling without warrant


529.3 (1) Without limiting or restricting any power a peace officer may have to enter a dwelling-house under this or any other Act or law, the peace officer may enter the dwelling-house for the purpose of arresting or apprehending a person, without a warrant referred to in section 529 or 529.1 authorizing the entry, if the peace officer has reasonable grounds to believe that the person is present in the dwelling-house, and the conditions for obtaining a warrant under section 529.1 exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.


Exigent circumstances


(2) For the purposes of subsection (1), exigent circumstances include circumstances in which the peace officer


(a) has reasonable grounds to suspect that entry into the dwelling-house is necessary to prevent imminent bodily harm or death to any person; or


(b) has reasonable grounds to believe that evidence relating to the commission of an indictable offence is present in the dwelling-house and that entry into the dwelling-house is necessary to prevent the imminent loss or imminent destruction of the evidence.


If logic were true, then all someone would have to do is house jump from one dwelling to another forcing the cops into new warrants.

[Gentlemen J]

You stop the police from entering your home while they are trying to arrest someone and you will be charged for impeding Justice.

Criminal Code of Canada
529.3. Authority to enter dwelling without warrant

529.3 (1) Without limiting or restricting any power a peace officer may have to enter a dwelling-house under this or any other Act or law, the peace officer may enter the dwelling-house for the purpose of arresting or apprehending a person, without a warrant referred to in section 529 or 529.1 authorizing the entry, if the peace officer has reasonable grounds to believe that the person is present in the dwelling-house, and the conditions for obtaining a warrant under section 529.1 exist but by reason of exigent circumstances it would be impracticable to obtain a warrant.

exigent circumstances include circumstances in which the peace officer
(a) has reasonable grounds to suspect that entry into the dwelling-house is necessary to prevent imminent bodily harm or death to any person; or
(b) has reasonable grounds to believe that evidence relating to the commission of an indictable offence is present in the dwelling-house and that entry into the dwelling-house is necessary to prevent the imminent loss or imminent destruction of the evidence.

The key to all of that is Exigent Circumstances
Unfortunately the first post didn't get into any specific details. There are a few (very few) exceptions but if a cop simply walks up to your door and says I'm coming in without any authority there's gonna be trouble

[merelypink]

thats complete BS

[CumsAlot]

I just yell out "You got nothing on me coppers! You'll never take me alive coppers!"

[Gentlemen J]

I just yell out "You got nothing on me coppers! You'll never take me alive coppers!"

Ha Ha....I love it

[Shyla Wild]

How to stop a Home Invasion

Kinda...

[TSFantasia]

Kinda...

Well at least he went out in a blaze of glory and in the end that's what we all want to be remembered for..lol.



https://www.youtube.com/watch?v=V7fqaNNXQMk