SECTION 8 - ACQUITTAL DUE TO ENTRY INTO RESIDENCE WITHOUT A WARRANT

RCMP officers were interviewing a complainant about an attempted theft in Virden, Manitoba.  The complainant indicated the theft suspects were driving a white truck.  At this point in time, Mr. Law drove by in a white truck. The officers followed the truck on the highway until it turned onto a private lane.  Both officers noted that the manner in which the truck turned off the highway was unusual. The police followed the truck down a lane to a yard site where Mr. Law exited the truck and began walking into the residence as he said his driver’s license was in the house. One officer indicated he followed Mr. Law into the house where he noted that Mr. Law appeared to be confused while searching for his license and an odour of alcohol was detected from his breath. He was placed in the back of the police car and arrested for impaired driving. The Court concluded that the provisions of Manitoba's Highway Traffic Act permit police officers to follow a motor vehicle onto private property to conduct a roadside check.  That conclusion was based on the fact that the officers were following up on observations made while the motor vehicle was being operated on a highway. However the Court concluded that the entry into the residence by the officers was not authorized by law and therefore was an unreasonable search. Police entry into an accused’s home is an extremely serious measure for police to take in the course of an investigation.  Warrantless searches of an accused’s home can only occur in exigent circumstances and those circumstances did not exist in this matter. R. v. Law, 2012 MBQB 321