Originally Posted by
onelessarrow
"They did actually speak to the person on the phone at the time of the call and he said there was no emergency and that he was trying to dial 411," said Clarke.
Clarke said RCMP have to respond to all 911 calls, even hangups or misdials.
"When the police officers went to the individual's home, they felt that they needed to get inside the home to make sure there was no emergency," said Clarke. "With permission from the homeowner, they did enter the home."
It's safe to say the responding officer was told twice that the call was a misdial. Once from dispatch and once by the homeowner. Big difference from the supposed case law mentioned above.
Every case will be based on it's own facts.
So what was the bases for their feeling a need to enter? It'll be this, that will be tested against the homeowners charter rights.
Ask yourselves why Spl. Clarke needs to report that the officers felt they needed to get inside. If the homeowner was so cooperative and let them in right away, why make the statement in the first place?
The answer is, he didn't want them in the house and the police claimed needed to go in.