Can police enter private property without permission in Canada? Do they need a search warrant to do so?
While every property owner has the right to privacy, there are specific instances where police officers can enter the property without permission. Read on to learn all you need to know about reasonable and unreasonable searches.
When Can Police Enter and Search Your Property
Can police enter private property without permission in Canada? What happens when you grant permission?
Generally, law enforcement officers can enter your property if they have an arrest or search warrant or are pursuing someone they believe has or is about to commit a crime. They can also gain entry if you permit them to do so.
Entry with a Search Warrant
Police officers can enter your property if they have a search or arrest warrant. The warrant must contain the signature of a judge or justice of the peace and state what the officers can legally seek or who they are arresting.
Besides the items the warrant lists, officers can also seize items in plain view or those they come across during the search.
Entry with Permission
If they do not have a search warrant, police officers can still enter your property if you permit them.
Should you allow law enforcement into your property and permit them to look around, you could face legal charges if they find any evidence of criminal activity.
Removing Police Officers from Your Property
Although possessing a warrant will allow police to enter your property, you still have certain powers you can exercise.
For instance, you can review the warrant and note the officers’ names and badge numbers. You also have the right to contact your lawyer if you have any concerns or questions.
Under Canada’s laws, a property owner can remove a person from their property, even if the person in question is a police officer. Property owners can even use physical force should the situation deem it necessary.
However, this force has to be reasonable according to the circumstances. The court views excessive force as unreasonable and illegal.
Therefore, if you had given an officer permission to enter your property, and they did not have a search warrant, you have the right to ask them to leave at any time. The officer must then oblige to your request.
In the case of entry through warrants, the search might be authorized for a specific period. When the officers conclude their search, they have to leave the property.
Consult a Lawyer
Understanding the actions the law allows you to take while protecting your property is vital. You can gain sound legal advice on the best way to handle the situation by consulting an experienced criminal lawyer in Brampton.
Manbir Sodhi Criminal Defence Law takes great pride in offering the legal advice you need to handle the situation correctly.
Can police enter private property without permission in Canada? Contact Mr. Sodhi today at (905) 457-2546 for legal advice on police powers and unreasonable searches.