Police powers and duties

Case Studies

Case Studies

Here are some examples of police ethics cases related to entering a home and how they were handled.

 

Case #1 

A complaint concerns a police intervention carried out at the residence of Mrs. Z's son, on August X, 20XX, while she was babysitting her grandson. She complains that the police entered the home without a warrant, snatched her grandson from her arms, ignored her and refused to answer her questions during their operation.

Result: Complaint rejected

The police intervened following a request for assistance, in connection with the safety of a child and the presence of a bomb on the premises of the residence of Mrs. Z's son. In the circumstances and considering the urgency of the situation, the police were therefore justified in checking the premises and evacuating the occupants, without a warrant or other formality. After checking the premises, the police actually noted the presence of a possible homemade bomb, which led to the issuance of a search warrant and a general warrant.

 

Case #2

The complainant alleges that the police have entered his garage at 10 p.m. without his permission. They reportedly took photos, searched and left with the door open. Three months later, he received a ticket by mail. According to police operational documents, the police tried to intercept the complainant, known to the police, who was riding an ATV without a helmet, but he escaped. The police went to his home and, in the garage, they saw the ATV whose engine was still hot. The complainant alleged that he was sleeping and it was his dog's yelps that woke him up. According to police operational documents, the police knocked several times on the complainant's door, and he did not respond.

Result: Complaint referred to conciliation

Since the complainant was allegedly caught in the act and prosecuted by the police for having committed an offense and that he took refuge in his home, the police seem to have followed the conditions for entering a home without a warrant. Conciliation will allow the complainant to obtain explanations about the police intervention and to shed light on the events.

 

Case #3

This is an acknowledgment of responsibility, that is to say that the following story is confirmed by both the citizen party and the police party, the police officers concerned acknowledging having committed certain faults:

On August X, 20XX, a citizen finds a wallet and gives it to agent A, who is then on patrol. During the night, officer A goes to the complainant's house with officer B to hand the wallet over to its owner, the complainant's daughter. Officer B rings the front doorbell and gets no answer. Meanwhile, Officer A checks the car parked at the address and finds that the doors are unlocked. He sees another wallet on the passenger seat. Wanting to prevent a theft, he takes it and finds that it belongs to the occupant of the house, the complainant. He then goes to the back door of the residence, to give them to the complainant, as well as to his daughter. Agent A knocks and rings several times, but gets no answer. He notices that the back door of the veranda is not locked. He decides to go inside the house. According to his version of the events, he mentions having entered to check if there was no theft or if someone needed help. When he gets inside the house, Officer A shouts "Police, hello" every three steps. He climbs a few steps on the staircase leading to the first floor. It was then that the complainant and his wife saw Officer A.

Result: Complaint referred to investigation, then citation and decision of the Tribunal administratif de déontologie policière

In this case, the police party admitted their responsibility for the events. The Tribunal is of the opinion that, contrary to what the police officer invoked to enter the residence, nothing led him to believe that there had been a theft or that someone needed help. This police officer therefore obtained a sanction of two days of suspension without pay for having entered the residence without right and of one day of suspension without pay for having searched the vehicle without right.

 


 

<< Back

 

 


 

Share this page

 

Comments

Titre de page (non affiché)

Commissaire à la déontologie policière

Logo de l'organisme