What is the test for a search warrantless search of a home by police responding to an emergency call?

Ontario, Canada


The following excerpt is from R. v. Pillay, 2004 CanLII 17544 (ON SC):

[58] The issue in United States v. Holloway, 290 F.3d 1331 (11th Cir. 2002) was whether the police may conduct a warrantless search of a private residence in response to an emergency situation reported by an anonymous 911 caller. The court found that when exigent circumstances demand an immediate response, particularly where there is a danger to human life, protection of the public becomes paramount and can justify a limited, warrantless intrusion into the home. Once in the home, officers may seize any evidence found within plain view. Exigent circumstances are an exception to the prohibition against warrantless searches.

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