Can Police Enter Your Home Without Permission?

Most people will allow the police to enter their homes if asked, and are not aware that they can refuse entry to police officers trespassing on their property by using a reasonable amount of physical force to physically remove an insistent officer.

Honoring the Sanctity of the Home

The sanctity of the home is a legal doctrine that states a citizen’s right to enjoy his property and determine who’ll be allowed or not allowed to enter it. For the police to be legally allowed entry into a private home, they should obtain the homeowner’s permission or be in a circumstance wherein exceptions to the sanctity of the home applies. Note too that a prior permission can be revoked by the homeowner.

Exceptions to the Rule

The police are legally allowed to enter someone’s home without permission only in the following circumstances:

  • When in hot pursuit or continuous pursuit of someone fleeing to evade arrest
  • When protecting life or assisting someone who is in grave danger
  • When entering private grounds is necessary to prevent the commission of an offence
  • When making an arrest with an arrest warrant
  • When there is imminent harm to life or imminent destruction or loss of evidence
  • When in possession of a search warrant

When the above doesn’t apply, a homeowner can physically remove a police officer from his/her home using reasonable force (shoving, shutting the door, etc). In the event of a lawsuit, the court will decide if the force used was of reasonable level or not.

Allowing a police officer to enter your home can be a tricky decision that can impact the outcome of any case filed against you. If you have some questions about your rights or perhaps looking for a defence lawyer in Canada, contact Calvin Barry Law today! Calvin Barry has an extensive experience as a Criminal Lawyer in Canada for the past 3 decades. Talk to us today!