Is a warrantless arrest following a forced entry into a private residence legal?

British Columbia, Canada


The following excerpt is from R. v. Peters, 1998 CanLII 2115 (BC SC):

The majority cited Eccles v. Bourque 1974 CanLII 191 (SCC), [1975] 2 S.C.R. 739, R. v. Landry 1986 CanLII 48 (SCC), [1986] 1 S.C.R. 145, s. 495 of the Criminal Code and R. v. Storrey 1990 CanLII 125 (SCC), [1990] 1 S.C.R. 241 as supporting this proposition (at 144, 145): ... a warrantless arrest following a forced entry into private premises is legal if: a)the officer has reasonable grounds to believe that the person sought is within the premises; b)proper announcement is made; c)the officer believes that reasonable grounds for the arrest exist; and d)objectively speaking, reasonable and probable grounds for the arrest exist.

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