When is a police officer unlawfully on a premises not acting in the course of their duty?
British Columbia, Canada
The following excerpt is from R. v D.L.M, 2018 BCSC 1247 (CanLII):
The law is well settled that a police officer unlawfully on premises is not acting in the course of their duty, at least vis-à-vis the person lawfully in possession and that resistance offered in response to what the police may do in such an occasion is not obstruction, although it may be another offence: Davis v. Lisle, [1936] 2 K.B. 434.
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