Ontario criminal | Police
Powers
Police entry was not unlawful
Neighbour of male accused heard him threaten to kill female and called 9-1-1. Police arrived and woman refused to allow them to enter. Police were about to break open door when woman appeared at door and she stepped outside to speak to them. Police entered home without permission and observed marijuana and other drugs and they also found accused. Trial judge decided that police entry was unlawful, he excluded seized drugs as evidence and acquitted accused. Crown appealed acquittal. Appeal allowed. Police acted within law when they entered premises as they did. Judge erred and new trial was necessary.
R. v. Lowes (June 22, 2016, Ont. C.A., Doherty J.A., K. Feldman J.A., and D.M. Brown J.A., CA C57703) 131 W.C.B. (2d) 449.
Police entry was not unlawful
Neighbour of male accused heard him threaten to kill female and called 9-1-1. Police arrived and woman refused to allow them to enter. Police were about to break open door when woman appeared at door and she stepped outside to speak to them. Police entered home without permission and observed marijuana and other drugs and they also found accused. Trial judge decided that police entry was unlawful, he excluded seized drugs as evidence and acquitted accused. Crown appealed acquittal. Appeal allowed. Police acted within law when they entered premises as they did. Judge erred and new trial was necessary.
R. v. Lowes (June 22, 2016, Ont. C.A., Doherty J.A., K. Feldman J.A., and D.M. Brown J.A., CA C57703) 131 W.C.B. (2d) 449.
