Is a police officer required to make a public announcement to enter a house?
British Columbia, Canada
The following excerpt is from R. v. Sipes, 2011 BCSC 1763 (CanLII):
The requirement of announced entry was explained by Dickson J. in Eccles v. Bourque, 1974 CanLII 191 (SCC), [1975] 2 S.C.R. 739 at 746, 19 C.C.C. (2d) 129: Except in exigent circumstances, the police officers must make an announcement prior to entry. There are compelling considerations for this. An unexpected intrusion of a man's property can give rise to violent incidents. It is in the interests of the personal safety of the householder and the police as well as respect for the privacy of the individual that the law requires, prior to entrance for a search or arrest, that a police officer identify himself and request admittance. No precise form of words is necessary.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a police officer have to make a public announcement before forcing their way into a house? (British Columbia, Canada)
Can a public statute, empowering public actors to accomplish public goals, alone give rise to a private duty between those public actors and a particular member of the public? (British Columbia, Canada)
Is it possible for a retired police officer to return to the police force where he worked as a community support officer because of his back pain? (British Columbia, Canada)
Does the tort of misfeasance in public office apply to an individual officer or officer? (British Columbia, Canada)
Can a police constable walk down the sidewalk at the front of the house far enough to see the house number? (British Columbia, Canada)
Can a claim of misfeasance in public office be made out against one public official? (British Columbia, Canada)
Can a police officer be ordered to produce a certificate that the adjudicator would like to compel the officer to produce? (British Columbia, Canada)
Is an unidentified police informer acting as an agent of the police when she entered the premises of two accused? (British Columbia, Canada)
Can a police officer engage in a police pursuit when he has the opportunity to follow a stolen vehicle using an unmarked car? (British Columbia, Canada)
Can a court review a decision by a police officer under section 90.3 of the Criminal Code when the officer applied the wrong test? (British Columbia, Canada)
