What is the test for entering a person’s home without consent?
Alberta, Canada
The following excerpt is from R. v. Cardinal, 2001 ABPC 92 (CanLII):
At p. 133 of Eccles v. Bourque Dickson J. observed: “If the police officer has reasonable and probable cause to believe that the person named in the warrant for arrest is in the home of a stranger he has the right, after proper demand, to enter the home forcibly, to search and to arrest.”
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