Invitation to Knock: Where Investigation Ends and Search Begins

In a recent landmark case, we see the complex interplay between police investigation techniques and the rights of individuals under Section 8 of the Canadian Charter of Rights and Freedoms, which protects against unreasonable search and seizure. This case, centred around the actions of John Rogers and the subsequent police response, offers crucial insights for those accused of criminal offences.

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The Incident and Legal Challenge

John Rogers, after backing into another vehicle while allegedly intoxicated, fled the scene. The police, who were alerted and provided with his vehicle's license plate information, tracked him down at his residence. An officer knocked on Rogers' door, and upon interaction, arrested him for impaired driving. Rogers contended that his Section 8 rights were violated when the officer approached his door. The trial judge agreed, leading to an appeal by the Crown and a complex legal journey.

The Court's Ruling

The Saskatchewan Court of Appeal, in its deliberation (2016 SKCA 105), distinguished between a police officer's "implied license to knock" for investigation purposes and a direct intention to search for evidence, particularly regarding an occupant's sobriety. The court underscored the subtle yet vital difference between investigating a crime and securing evidence against an individual.

Key Legal Distinctions

Investigation vs. Searching

Approaching a residence for investigation, such as inquiring about an incident, is within the police's implied rights. However, when this approach is specifically aimed at gathering evidence against a resident, it crosses into the territory of searching, which may require a warrant or additional legal justification.

The Role of Intent 

The court noted that the officer's intent when approaching Rogers' residence was critical. In this case, the intent was deemed to be for securing evidence against Rogers, thus exceeding the acceptable bounds of the implied invitation to knock.

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Comparative Case Analysis

The decision contrasted with other cases, such as Fowler (2006 NBCA 90), where the court found no breach of Section 8 rights as the officers intended merely to communicate with the individual. Similarly, in Lotozky (2006 CanLII 21041 ONCA), the Ontario Court of Appeal recognized that pursuing an investigation did not exceed the bounds of the implied invitation, provided there was a legitimate basis for the approach.

Implications for the Accused

This case highlights the fine line between lawful police investigation and potential infringement on individual Charter rights under Section 8. For those accused of a criminal offence, understanding this distinction is crucial. It can be the difference between evidence being admissible in court or excluded due to a rights violation.

Retain Nicholas Robinson Criminal Lawyer to Fight Your Charges 

Nicholas Robinson is a criminal lawyer with offices in Regina, Saskatchewan and Toronto, Ontario who is dedicated to creating client-centred solutions. Nicholas attempts to craft legal solutions that match the goals and personal circumstances of each individual client.

Don’t hesitate to call Nicholas Robinson for a free criminal lawyer consultation at (306) 994-9522 and to learn about how a criminal defence lawyer can assist with your criminal charge.

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