Is it reasonable for a police officer to enter a person's home without the consent of the owner's consent?

Canada (Federal), Canada

The following excerpt is from R. v. Landry, [1986] 1 SCR 145, 1986 CanLII 48 (SCC):

75. Apart from flagrant cases, I seriously doubt that the courts can exercise any effective control over the exercise of police discretion in such cases. So far as arrests in public places are concerned, I do not quarrel with the existence of this discretion. The police's job of maintaining the peace and enforcing the criminal law is difficult enough without fearing being regularly "second‑guessed" about every mistake of judgment in such circumstances. But if I agree that a police officer should be able on evidence such as existed here to arrest a suspect in a public place, I do not think it reasonable that he should be permitted to enter a private home without consent unless he has a warrant permitting him to do so. Invasion of a person's home, in circumstances like these, is too high a price to pay to prevent the possible escape of some criminals, especially for non‑violent crimes like the one alleged in the present case. Not only would such a practice invade the owner's security and privacy; it would often lead to violence as the facts of this case attest. This can, in my view, be even more likely where the owner of the home is not the suspected offender. All the more so if, as happened in Eccles v. Bourque, the police are not in uniform.

Other Questions


Can a policeman without consent or a warrant enter into a house and arrest a person there solely on the basis that he reasonably believes the person has committed a crime? (Canada (Federal), Canada)
Can a police officer enter a person's home, enter the front door and speak to him? (MultiRegion, United States of America)
Can a police officer conduct a probation search without the consent of the probation officer? (MultiRegion, United States of America)
If a private party agrees to give consent to a police officer, would they choose to spend the better part of an afternoon shuttling back and forth with police officers rather than going about her business? (MultiRegion, United States of America)
Does a search within the boundaries of the consent of a police community support officer (police constable) violate the consent granted by the Superior Court? (MultiRegion, United States of America)
When a suspect is being pursued by police in a "hot pursuit" into the home of the suspect, what circumstances will police be able to enter without a warrant? (MultiRegion, United States of America)
What is the impact of the knock and announce requirement for police officers to enter a person's home? (MultiRegion, United States of America)
First, if a child is removed from their home by a police officer, would they assert that the seizure was reasonable and reasonable? (MultiRegion, United States of America)
Does a black police officer who reports overhearing racial slurs made by other police officers against black citizens have to engage in protected activity? (MultiRegion, United States of America)
What is reasonable suspicion of criminal conduct when a police officer stops a person at a bus stop? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.