Entry Warrants

Question 1

Dwelling House

Answer 1

S. 2 CC – whole or any part of building/structure that is kept or occupied as a permanent/temporary residence and includes
- Building within curtilage of dwelling house that is connected by doorway
- A unit designed to be mobile and used as residence

When a person opens the door, they are still within the confines of their dwelling house

Question 2

Implied Licence to Knock - not authorized

Answer 2

• knocking on the door for the purpose of “sniffing” or “seeing” what is inside
• following someone into their garage or carport
• attending to door to make observations to gather evidene

Question 3

Two Types of Entry Warrants

Answer 3

1. Arrest warrant with authorization to enter a dwelling house
2. Entry warrant

Question 4

Arrest Warrant with Authority to Enter

Answer 4

• allows justice to include in a warrant the power for police to enter a dwelling house for the purpose of affecting the arrest or apprehension
• entry is condition on the officer having, immediately before entering, reasonable grounds to believe that the person is in the dwelling house

Question 5

Entry Warrant

Answer 5

• designed to cover those situations in which authority to arrest a person already exists and there is no need to obtain an arrest warrant
• The section requires reasonable grounds to believe the person will be in the residence AND:

a) That there is a valid warrant in Canada for the arrest of the person,
b) Grounds exist to arrest the person without warrant under the Criminal Code, or
c) Grounds exist to arrest or apprehend without warrant under an authority other than the Code.
Authorization to enter for purpose of arresting, only need the permission to entry

Ex. We have RGs to arrest Suzie and we know she’s home, we can apply for just entry warrant

Question 6

Authority to Enter Without a Warrant

Answer 6

May enter a dwelling house without a warrant to arrest or apprehend if
- reasonable grounds exist indicating that the
- person is present in the dwelling house
AND
- a warrant is not practical due to exigent circumstances

Question 7

Omitting Announcement Before Entry

Answer 7

• judge or justice may authorize police to enter without prior announcement if there are reasonable grounds to believe that prior announcement would
  
  • expose police/other person to imminent
    bodily harm or death OR
  • result in imminent loss or imminent
    destruction of evidence

Question 8

Fresh/ Hot Pursuit

Answer 8

• R v Macooh - continuous pursuit conducted with reasonable diligence, so that pursuit and capture, along with the commission of the offence, may be considered part of a single transaction
• R v Haglof – some courts have held that peace officer may be in hot pursuit of a person even though the officer did not witness the crime but investigates it “shortly after” its commission