Can a policeman listen at an open window even though standing in the owner's flower bed?

Alberta, Canada


The following excerpt is from Reference Re Judicature Act, 1983 ABCA 332 (CanLII):

It has never been thought that the principle of law embodied in the expression "a man's home is his castle" was breached by a policeman listening at an open window even though standing in the owner's flower bed. In Ghani v. Jones (1970) 1 A.B. 693, Lord Denning had this to say about trespass at page 705: "The first thing to notice is that police officers had no search warrant. The reason is simple. No magistrate - no judge even - has any power to issue a search warrant for murder. He can issue a search warrant for stolen goods and for some statutory offences, such as coinage. But not for murder. Not to dig for the body. Nor to look for the axe, the gun or the poison dregs. The police have to get the consent of the householder to enter if they can: or, if not, do it by stealth or force. Somehow they seem to manage. No decent person refuses them permission. If he does, he is probably implicated in some way or other. So the police risk an action for trespass. It is not much risk." I am of the opinion that that principle is not breached by the placing of a transmitter surreptitiously or by a trick within private premises.

Other Questions


When a business is sold and the former owners of the business are restricted from competing directly with the new business, can the new owners enforce restrictive covenants? (Alberta, Canada)
What is the test for a plaintiff to bring an action against the owner of the premises for damages caused by the owner’s negligence? (Alberta, Canada)
What is the difference between the window and non-window claimants? (Alberta, Canada)
Can an application by an owner for a right to redeem after an order for sale of a property is granted? (Alberta, Canada)
What is the test for a property owner to exercise eminent domain? (Alberta, Canada)
What are the cases in which the claimant had no knowledge of the title of the owner? (Alberta, Canada)
Does a duty of fairness apply to a rezoning bylaw enacted to resolve a dispute between a property owner and neighbours? (Alberta, Canada)
What is standing to bring a Charter challenge? (Alberta, Canada)
Can a condominium unit owner bring a claim at bar? (Alberta, Canada)
What is the test for standing in loco parentis to a driver? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.