What is the test for compliance with section 844 of the Alberta Penal Code, section 1538.5 of the Criminal Code, when a police officer forced their way into a person's home without a search warrant?

'An entry effected in violation of the provisions of section 844 * * * renders any following search and seizure 'unreasonable' within the meaning of the Fourth Amendment. [Citations omitted.]' (Greven v. Superior Court, 71 A.C. 303, 306, 78 Cal.Rptr. 504, 506, 455 P.2d 432, 434.) The question of compliance with section 844 is, therefore, reviewable upon a petition for mandate under Penal Code, section 1538.5, subd. (i). (Greven v. Superior Court, supra, at 306-307, 78 Cal.Rptr. 504, 455 P.2d 432.)

Section 844 provides that 'To make an arrest, * * * a peace officer, may break open the door or window of the house in which the person to be arrested is, or in which they have reasonable grounds for believing him to be, after having demanded admittance and explained the purpose for which admittance is desired.' By judicial construction, it is also required that the officer identify himself as such prior to making a forced entry. (Greven v. Superior Court, supra, 71 A.C. 303, 308, fn. 6, 78 Cal.Rptr. 504, 455 P.2d 432.)