Is a peace officer making an arrest on a private premises without a warrant in the execution of his duty?
Canada (Federal), Canada
The following excerpt is from R. v. Landry, [1986] 1 SCR 145, 1986 CanLII 48 (SCC):
33. A peace officer making an arrest on private premises without a warrant is in the execution of his or her duty for the purposes of s. 450(1)(a) of the Criminal Code if the criteria of that section and the standards enunciated in Eccles v. Bourque has been satisfied. The proper questions to be asked are:
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