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” says Oakville family lawyer Malerie Rose of Rose Family Law. 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!