The RCMP said I had to let them in.Originally Posted by Sprayed
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The RCMP said I had to let them in.
"Conservation is the mark of a dying civilization. When your technology is not increasing at the same rate as your population growth you are done. Bring on the next contender.".
They always say that. It's almost never true. The only 2 reasons cops could enter your house without your permission are:
1-Legally obtained warrant;
2-They have reasons to believe that a crime is being commited or that someone is in immediate danger.*
In case of a 911 call, #2 is playable, but hardly. It all depends on circumstances. Suppose they call you back on the BB and you say "Well, I'm in germany and this is an ip-phone linked to a canada number, so canada's 911 is getting the call, but I'm 7000 miles away". Then what are they gonna do? Break the door to make sure nothing is going on?
A cop can't enter your house, ask you to empty your pocket or show Ids at his will. We don't live in a police state. Without due process or suspicion that a crime is being commited, a cop's job is to get near a highway and go after law abiding citizens driving 1kmph over the speed limit to give them speed tickets. Even if you know for a fact that some dude stole your possession, have seen (or even recorded him) enter his house with your possession, a cop can't enter his house without a warrant. And they will not bother getting a warrant for John Doe's laptop computer or lawnmower. They'll just tell you to stick it, call your insurer.
*Cops will often use this excuse when they've entered a place illegally. Most people don't complain, just like in the case of this cattle prod, but almost everytime someone does file a complain, the cops in questions are found to have acted illegally. The punishment is always ridiculous, usually a simple reprimend. Sometimes a day or a few day of suspension, which is just another word for unpaid vacation.
I checked the law before I relented to the search. On 911s they can search without a warrant.
http://svan.ca/police-rights/
http://mtcsalc.org/en/publications/police-powers?p=2In 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.
In urgent situations, the police can enter your home without a search warrant or your permission. For example, if the police are pursuing someone who has committed or will commit a serious crime and they believe the suspect is in your home, they may enter your home without a warrant. However, they must tell you that they are the police before entering.
The police can also enter your home if:
•they need to provide emergency aid to someone,
•they believe there is someone in your home who might harm another person (to protect someone’s safety in the home)
•they are investigating a disconnected 911 call,
•they have reasonable grounds to believe there are drugs or evidence of another offence in your home, which may be destroyed if they wait to obtain a search warrant, or
•they are helping an animal that is injured, ill, abused, or neglected and in immediate distress.
"Conservation is the mark of a dying civilization. When your technology is not increasing at the same rate as your population growth you are done. Bring on the next contender.".
"A 911 call has been made from your home, and the police believe that entry is necessary to prevent death or serious injury."
A buttdial from a BB is neither a call made from your home nor an indication that death or serious injury is imminent. The fact that someone answered the phone, and calmly told them there isn't any emergency when they called back is evidence of that.
Cops of any kind will always begin with "We have the right to..." or "You have to let us..." and about 98% of the population will comply, wheter they should or not. Pretty much all the time, compliance is against your own interest. Don't be fooled, cops use the exact same tactics that BestBuy uses to sell you an extended warranty on a TV: they'll badger you and try to frighten you until you cave in or tell them to stick it where the sun doesn't shine ("Your TV will eat your kids and burn your house if you don't pay an extra 30% for the extended warranty..." is about as reasonnable as "We need to search your home because of a buttdial" ).
Anyway, let's just move on and wait for OP to say how it went with his pro-bono neighbour lawyer.
No... you didn't.
"The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis." - Dante Alighieri
"This whole war could have been avoided. Cunnilingus and psychiatry brought us to this." - Tony Soprano
First, realize that police can and do lie during the course of their duties... they're allowed to. It's up to you to know your rights and the law. Ignorance of the law is not an excuse. They say they want to enter your home and claim they legally can... however, you stand your ground and insist on a warrant or to speak with a lawyer first and see what happens. What do you think they going to do? Arrest you? For what? No... they are going grumble a bit and finally leave.
As for 911 calls, simple hang ups are not sufficient grounds for exigent circumstances, especially in the age of easily pocket dialed cell phones. There would have to be something else... such as strange noises in the background, (heard on the 911 tape), a history of responses to your address for domestic issues, if you have a criminal record that includes spousal abuse, if the neighbors heard screaming or an argument, when the police are at your door, they see obvious signs of a disturbance, struggle, fight, etc., etc. etc. But for a simple hang-up? Nope. There is a reason warrants exist... and you should have insisted on one.
"The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis." - Dante Alighieri
"This whole war could have been avoided. Cunnilingus and psychiatry brought us to this." - Tony Soprano
I know this thread is a bit old by now but I just read through it and had a question for you legal experts. In a case like this where a crooked cop steals a law abiding citizens property under false pretences is there any option of filing a restraining order against this crooked cop to stop him from stealing from you again? Surely there is something in place to protect citizens against criminals with badges?
I know this is old but how did it turn out?
I'm curious too.
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