Understanding Your Rights: How Police Access Can Enhance Your Home Safety
Although it’s unlikely to happen to the average citizen, there may come a time when the police show up on your front porch. It’s imperative that if you are confused as to the reason for their presence, you know your rights.
According to the Peel Regional Police:
“The police are allowed to come to your home to talk to you, but you are not generally required to answer their questions or grant them access to your home.
When can the police enter my home?
There are a number of circumstances in which the police are allowed to enter your home. These include:
The police have a warrant to enter your home to arrest someone
- The police have a search warrant
- The police have permission from you or someone else in authority in your home 4. There are urgent circumstances that require the police to enter your home.
The police may also enter your home if they suspect that a crime has been committed in relation to property in your home. In this case, the suspected criminal activity must have been committed against you, not by you.
What are my rights if the police have a warrant?
A search warrant allows the police to search your home and take certain items that they find. Police are allowed to take items that you are not legally allowed to have, such as illegal drugs, or items that may be evidence of an offence. If the police take something that was legally in your possession, they are generally required to return it to you within 3 months. If it is not returned to you, contact the police.
If the police come to your home with a search warrant, they must identify themselves and ask permission to come in. If they have a valid search warrant, you must let them in. If you refuse, they may enter your home without permission. If you try to prevent them from coming into your home, you may be charged with obstructing the police. In most cases, the police must also show you a copy of the warrant. If they do not offer to show you the warrant, you can ask them to see it.
Make sure that the information on the warrant is correct. For example, check that the correct name and address are listed and see if there are any time limit about when the police can use the warrant. The police are expected to act reasonably in their search. This means that they are not allowed to use excessive force or damage property for no reason.
In what urgent circumstances can the police enter my home?
The police can enter your home without your permission in the following urgent circumstances:
- A 911 call has been made from your home, and the police believe that entry is necessary to prevent death or serious injury.
- Where the police believe that someone in the home is in need of emergency services.
- To help someone who has reported a domestic assault to safely remove their belongings.
- To protect people from injury if the police suspect that there is a drug laboratory in the home.”
If you believe that your home has been unlawfully searched by the police, or are in need of legal advice pertaining to your encounters with them, contact us today.