The requirement for police officers to obtain a Feeney warrant, however, is not without qualification. Exceptions exist both according to statutory authority, at common law and, of course, where an individual with the authority to permit entry to a home provides full and informed consent. The statutory exceptions are found in the Criminal Code. This exception may arise, for example, when there is a dropped call that appears to have identified an individual in distress. If a judge finds that there were not exigent circumstances, any evidence found once the police were inside your home may be ruled inadmissible in Court, and the charges may be dropped, as a result.
In R v Macooh , the Supreme Court defined it as a continuous pursuit conducted with reasonable diligence, so that pursuit and capture along with the commission of the offence may be considered as forming part of a single transaction. Further, this exception to the general rule from Feeney that a warrantless entry into a home to effect an arrest is unlawful is very narrow.
The hot pursuit doctrine only applies where a there are reasonable and probable grounds to believe and the indictable offence has been committed and that the person sought is within the premises and b a proper announcement is made prior to entry.
If cops say they have a warrant, ask to see it through a window or under the door. Remember: at your front door, a warrantless cop can do no more than a citizen can do, which leads me to the next point. And whether the person who knocks on the door and requests the opportunity to speak is a police officer or a private citizen, the occupant has no obligation to open the door or to speak.
And even if an occupant chooses to open the door and speak with the officers, the occupant need not allow the officers to enter the premises and may refuse to answer any questions at any time.
When you do decide to talk with cops, you begin to give them evidence that can be used against you. When you do, they might take it as an invitation to enter the home, leading to an argument later about whether the cop had consent to enter. Code Crim. Since Kevin is about to get his fingers bitten off by the Wet Bandits, this might be a valid exigency that would allow cops to enter a house without a warrant. However, courts have held that the smell of freshly burned marijuana is not enough, by itself, for a warrantless entry:.
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