Section 8 - Police Entry into garage okay

The officer had received a complaint of an impaired driver and waited for the vehicle near the registered owner's address. When the vehicle pulled into the driveway the officer followed. The vehicle drove into a garage. The officer also entered the garage to speak with the driver. The accused argued that the officer did not have the authority to enter the garage. The court did not agree. The court pointed out that whether entry without a warrant is permitted is a contextual issue. In this case, the garage was always left open and was considered part of the driveway. It did not exhibit an expectation of privacy. The officer was not asked by the accused to leave. R. v. Kandiah, 2011 ONSC 3728, [2011] O.J. No. 2752