Wandering child no excuse for police to search home, Appeal Court rules
TORONTO — A man with a marijuana grow-op in his basement has had his drug conviction thrown out because police had no right to enter his home — even though his four-year-old had been found wandering alone near a busy intersection dressed only in a diaper, Ontario’s top court ruled on Wednesday.
While officers said they went into the home in Barrie, Ont., to check that the child would be safe, the Court of Appeal found that to be a ruse. What they did, the court found, amounted to an illegal search and a breach of Harley Davidson’s rights.
“Police can enter a home without a warrant if they have reasonable grounds to believe it is necessary to do so to protect a person’s life or safety,” the Appeal Court said. “(That) does not give the police sweeping authority to enter a home without a warrant to investigate whether a child’s mother and father are good parents.”
The case arose when a passing motorist called 911 one June morning to report the boy standing alone next to the busy road. By the time they arrived, the child’s mom had him safely in her arms, court records say.