You may have heard in news releases that police obtained a Feeney warrant, which authorizes them to enter a dwelling to arrest a person.
Commonly called a Feeney warrant, it is actually a Form 7.1 warrant under the Criminal Code.
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This specific warrant is not used for any other purpose. It stems from the 1997 Supreme Court of Canada ruling R. v. Feeney, involving a 1991 incident. The case began with a homicide investigation where police entered an equipment trailer used as a home and arrested Michael Feeney.
Officers initially received no answer, entered the trailer, and woke Feeney. In better lighting, they noticed blood on his shirt and arrested him. Officers also gathered evidence that initially convicted Feeney of second-degree murder. However, his appeal succeeded because the court ruled his Charter rights were violated by an unreasonable search and seizure.
Consequently, all evidence seized after police entered the trailer was ruled inadmissible. While the case prompted extensive legal debate, it established that police must obtain a warrant to enter a dwelling to make an arrest. Exceptions exist under exigent circumstances, including ensuring safety, fresh pursuit, or preventing the destruction of evidence.
Following this ruling, officers must provide a rationale showing they reasonably believe a suspect is inside a dwelling. This process has since been updated to allow for telewarrants, enabling officers to obtain verbal authorization while remaining on-scene.
This case is another example of how law enforcement must operate strictly within the authorities granted to them. Virtually every police action requires specific legal authority, which always comes with limitations.
Staff Sgt. Jerry Nutbown is the NCO in charge of the Lloydminster RCMP detachment’s General Investigation Section. Stay tuned for future online columns from the Lloydminster RCMP.
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