Is a police officer required to make a public announcement to enter a person's home?

Ontario, Canada


The following excerpt is from R. v. Lucas, 2009 CanLII 69326 (ON SC):

It is well-established in our law that “every man’s house is his castle”. When we are in our homes, we expect to be free of state intervention save and except in special circumstances. One of those special circumstances is where the police obtain authorization from a court to enter a dwelling house for the purpose of searching for evidence of a criminal offence. In such instances, however, the police are not generally permitted to enter the home by force and without notice. The approach that the police are expected to take when entering a home pursuant to a judicial authorization is set out in Eccles v. Bourque, 1974 CanLII 191 (SCC), [1975] 2 S.C.R. 739 where Dickson J. said, at p. 746: Except in exigent circumstances, the police officers must make an announcement prior to entry. There are compelling considerations for this. An unexpected intrusion of a man’s property can give rise to violent incidents. It is in the interests of the personal safety of the householder and the police as well as respect for the privacy of the individual that the law requires, prior to entrance for search or arrest, that a police officer identify himself and request admittance. This common law principle has become known as the “knock and notice” rule.[2]

Other Questions


Is a police officer required to make a public announcement to a person before entering their home? (Ontario, Canada)
Is a police officer required to make a public announcement to enter an individual’s home? (Ontario, Canada)
Is a police disciplinary record that is not in the control of the police force required to be disclosed by the police officer to the police community? (Ontario, Canada)
Is a police officer required to make a public announcement to enter a residential premise? (Ontario, Canada)
How have courts struck down allegations of breach of fiduciary duty in pleadings against police officers and vicariously the police services board and police chief? (Ontario, Canada)
Can a second set of officers enter a home and seize evidence in plain view without a warrant? (Ontario, Canada)
Under what circumstances will the police need to obtain a companion authorization to search a person's home? (Ontario, Canada)
Does the requirement of uberrima fides apply when the parties have entered into a separation agreement requiring the parties to pay support for the children of the marriage? (Ontario, Canada)
Does section 10 of the Charter require that the police advise everyone at the outset that they have no obligation to speak to the police? (Ontario, Canada)
Does a police officer have a duty to caution a person that their answers may be used in evidence in a criminal case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.