What is the test for obtaining a judicial warrant to arrest a person within a home?
Alberta, Canada
The following excerpt is from R. v. Cardinal, 2001 ABPC 92 (CanLII):
In response to R v. Feeney, the Criminal Code was amended to create the type of judicial warrants needed for the arrest of persons within a dwelling-house. Section 529(1) allows a judge or justice to issue a warrant allowing entry into a dwelling-house to arrest or apprehend someone where there are reasonable grounds to believe that the person is within. A condition of the warrant is the peace officer must not enter unless he has reasonable grounds to believe the person is present: s. 529(2). Section 529.1 sets out that the warrant must be obtained by information upon oath and grounds upon which the issuing justice or judge may be satisfied. Section 529.2 allows the warrants to be subject to conditions.
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