Your home is your sanctuary, and the law recognizes that. Police do not have a general right to enter your home; they may only do so in specific circumstances. If you’ve been charged with a criminal offence and believe police may have entered your home unlawfully, a criminal lawyer can help explain your options.

The “Sanctity of the Home”

The Canadian Charter of Rights and Freedoms protects your right to privacy in your home. Under Section 8 of the Charter, police cannot search you or your property unless the search is considered “reasonable.”

Your home is afforded greater protection than other types of property under Section 8. This principle, often referred to as the “sanctity of the home,” reflects the fact that you are generally allowed to control your own space and decide who is allowed to enter. Police can only enter your home if they have consent, a valid warrant, or if the situation falls within the limited circumstances where entry without a warrant is permitted.

When Can Police Enter Your Home?

There are several situations where police are legally allowed to enter a person’s home.

Consent

The most straightforward way police can enter a home is with consent. If you invite police inside, they do not need a warrant.

It’s important to know that consent is voluntary. You are allowed to say no. If you do allow police in, you can revoke your consent at any time. If you revoke permission, officers must leave unless they have another legal reason to remain.

Search Warrant

Police may enter your home if they have a search warrant, which authorizes law enforcement to search a specific place for specific items. Before a warrant is approved, police must demonstrate that there is good reason to believe that evidence of a crime will be found in a particular location.

A search warrant will specify where police can look and what they can look for. Police are not allowed to search areas or look for items outside the scope of the warrant. For example, a warrant may authorize police to search a person’s home for illegal drugs. While police can enter the home to execute the warrant, they can only look in places where drugs could be hidden. They cannot search through unrelated items, such as personal documents.

Arrest Warrant

An arrest warrant can give police the authority to enter a home, but only if the warrant specifically names that location. Such warrants are only issued when officers have good reason to believe that a suspect is present in a particular place.

The power to enter a home under an arrest warrant is not unlimited. Police may only enter for the purpose of making the arrest. They cannot search the home unless they also have a valid search warrant or other legal justification.

Exigent Circumstances

In certain situations, police can enter a person’s home without a warrant or consent. These situations arise when there is an immediate risk to someone’s life or safety, or when there is a risk that evidence of a crime could be lost or destroyed.

This exception to the warrant requirement often comes up in response to 911 calls, when police have grounds to believe that someone inside may be injured or in danger.

Hot Pursuit

Police are allowed to enter a home when they are actively chasing a suspect who runs into a home to avoid being arrested. In this situation, police do not need a warrant to follow the person inside, but their entry is limited to the purpose of making the arrest.

What Happens if Police Enter Without Lawful Authority?

If you have been charged with a criminal offence and believe police may have entered your home unlawfully, it is important to speak with a lawyer as soon as possible. If police enter a home without consent, a warrant, or a valid exception, they may be in violation of your Section 8 Charter rights.

In some cases, a Charter breach can lead to evidence being excluded at trial. However, a violation does not automatically mean that the evidence will be thrown out. 

Whether a Charter violation occurred – and if so, whether it could help your case – depends highly on the circumstances. Michelle Johal, a criminal defence lawyer, can review how police entered your home, evaluate whether your Charter rights may have been breached, and help you determine the best course of action.