What is the effect of wearing masks when entering a home?

Alberta, Canada

The following excerpt is from R. v. Al-Fartossy, 2007 ABCA 427 (CanLII):

That this was the respondent’s submission is confirmed by the trial judge’s response. She considered the forced entry and found it was justified as a means of preserving possible evidence and ensuring officer safety. She agreed with the respondent, however, that as a general rule the police must let the homeowner know, on entry, that it is the police service that is coming in through the door, rather than some other, unlawful, home invader – to preserve the safety of both the homeowner and the police. That is what made the other aspects of the entry – in particular, the fact the police entered masked – unreasonable and oppressive. Thus, she held, at paras. 19-20 of her reasons: While the forcible entry and the use of drawn weapons may be justified as necessary due to concerns about the possible destruction of evidence and officer safety, the masking of the faces of the police in order to conceal their identity is completely unjustified in this case. Common law requirements include the need for police to identify themselves as law enforcement officers (see Eccles v. Bourque, supra). The mere yelling out of the word “POLICE” by a member of a group of masked men not in readily identifiable police uniforms is not, in my view, sufficient in the circumstances. The intrusion into a private home by a group of masked, heavily armed people, in my view, greatly heightens the risk that someone in the home will react violently to defend himself, his family, or his possessions. Both the occupants of the home and the masked police officers involved in such an entry are thereby exposed to a higher degree of danger. The wearing of masks by the police also adds [an] unacceptable air of oppression to the scenario.

Other Questions

What is the effect of the husband's pre-marital savings on the purchase of a second home? (Alberta, Canada)
What is the test for entering a person’s home without consent? (Alberta, Canada)
If plaintiff had retained the home and at the trial date could she say she intended to occupy or retain the home, and if so, would the cost of the home be taken into consideration for damages? (Alberta, Canada)
Can a home inspector be successful in obtaining summary judgment against a purchaser who signed an authorization for a home inspection without reading it? (Alberta, Canada)
What is the difference between wearing uniform and wearing body armour? (Alberta, Canada)
Does a wife who has not pursued her career pursue her career and instead has stayed home to care for the home and the children suffer permanent economic disadvantage from the marriage? (Alberta, Canada)
What is the effect and operation of consent forms in chiropractic treatment? (Alberta, Canada)
What is the proprietary interest justification and what is the effect on constructive trust? (Alberta, Canada)
What is the effect of a general assignment of book debts? (Alberta, Canada)
What is the effect of a solicitor/client relationship and confidential information which has been obtained in that relationship? (Alberta, Canada)

There are no other similar questions at this time.