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Legal News

Tom Rees | Criminal Defence Lawyer Winnipeg
4
Apr

When Can the Police Enter Your Home?

 

The police are not allowed to enter your home except under certain specific circumstances.

Check out this article by Daniel Brown Law, a law firm in Toronto. It talks about a case out of Ontario that upholds the sanctity of a person’s house with respect to agents of the state.

The ruling of R. v. Zargar, 2014 ONSC 1415 affirms that police cannot generally enter a person’s home without permission except under very limited circumstances. The case also establishes that a person can use a reasonable amount of physical force to remove a police officer who is trespassing on their private property.

Click here to read the rest of the article.

 

In R. v. Zargar, the Court set aside the conviction for assault police officer and substituted an acquittal.

I am satisfied that the trial judge’s three errors, concerning the “hot pursuit” doctrine, the “implied license” doctrine, and “officer safety” concerns, all combined to cause her erroneous conclusion that P.C. Mota was acting lawfully and in the execution of his duty.  On a proper appreciation of the law, P.C. Mota’s own evidence was unambiguous that he was a trespasser and he was not acting lawfully and in the execution of his duty.

Click here to read R. v. Zargar, 2014 ONSC 1415