Bruce Pitt-Payne, a former RCMP officer, says a warrantless entry into a home in western Newfoundland can turn deadly. (Submitted by Bruce Pitt-Payne)
A former Royal Canadian Mounted Police officer and constitutional law professor says police officers need to explain more about the warrantless entry of a western Newfoundland home in June.
According to the RCMP, officers who entered a Mount Moriah home looking for a teenage girl who had been reported missing were legally able to do so under exigent circumstances.
But Bruce Pitt-Payne, who has been an RCMP officer for 26 years, says the force has not shown the situation meets the definition of “exigent circumstances” – which has specific criteria.
“It’s a high standard, a high burden of proof. You can’t just say, ‘Well, we felt it was necessary or it was imperative.’ You have to articulate that,” Pitt-Payne said Thursday. “I’m not saying the police didn’t have it. I’m saying nobody told us says that.”
Courtney Pike says she woke up around 5:30 a.m. on June 5 to find two RCMP officers in her home. Officers entered the house without permission and have already entered her 11-year-old daughter’s bedroom, shining a light on her face and questioning her about a missing 17-year-old girl.
The missing girl was not at the home, and Pike repeatedly said her family did not know her.
Pitt-Payne said entering without a warrant could lead to a more dangerous — and potentially fatal — situation.
“The officers could have been hit with something. They could have been shot,” he said. “They could cause a startled owner to jump out with a gun and be shot by the police.”
Last week, Pike said she filed formal complaints with both the RCMP and the provincial Major Incident Response Team, a civilian-led oversight agency.
“imminent danger”
At a press conference on June 10, RCMP spokesperson Cpl. Jolene Garland told reporters that the two officers who entered the home believed the missing girl was inside the home and in immediate danger — but she could not say what that danger was.
“I don’t have the specific level of harm other than what was reported to the RCMP by the complainant was that the youth expressed concern that he wanted to return home,” she said. “There were concerns for her safety at this point.”
At a press conference on June 10, Capt. Jolene Garland said the investigation found the officers who entered a Mount Moriah home without permission did nothing wrong. (Darrell Roberts/CBC)
Pitt-Payne said if officers enter the home under exigent circumstances, the RCMP should be able to determine what danger the girl is in.
“Just being a fugitive doesn’t give you exigent circumstances,” he said.
Garland said officers said they tried to warn residents by knocking on doors and windows and yelling for 45 minutes, then spent another 15 minutes banging on an oil tank located in an unlocked door. Pike said she did not hear the officers until they were already inside the home.
But Pitt-Payne said the length of time officers spent trying to warn people living at the home also fell foul of the “exigent circumstances” defence.
“What the police are saying is ‘demanding but not enough to go and kick the door down.’
Benoit Pelletier, a constitutional law professor at the University of Ottawa, said under Canadian law, exigent circumstances exist when there is an imminent danger of injury or death. They may also exist if there is an imminent danger of a suspect fleeing or destroying evidence.
“The key words are ‘imminent danger,'” he said.
Benoit Pelletier, a constitutional law professor at the University of Ottawa, said exigent circumstances require a situation of “imminent danger.” (CBC)
Pelletier said police must assess that danger based on the facts as they know them.
“It’s a burden that is heavy, I would say heavy, on the shoulders of the police officers.
“These are also the facts as they are assessed or assessed by a reasonable and reasonable person,” he said.
Right and wrong
Based on what he’s read about the incident, Pelletier said, he believes the officers acted properly; however, he said the officer’s actions should be scrutinized.
“There needs to be a careful examination of the situation or the facts that actually refer to the police officers to see who is right and who is wrong,” he said.
While he believes the officers’ actions were justified, Pelletier said the warrantless entry was still a denial of the rights of the family living in the home.
“We have the right to live in peace in our house and not actually be afraid of police officers coming in without a warrant.”
Courtney Pike stands behind the door frame of her home, where she says two RCMP officers walked in unannounced around 5:30 a.m. in early June. (Troy Turner/CBC)
Garland said senior management reviewed the case and determined the two officers acted properly; however, she said the RCMP did not interview or speak with the family living in the home as part of the review.
Pitt-Pain said that was a problem.
“How can you investigate whether something was done properly or legally when you haven’t even spoken to the owners yet?” he asked.
Pitt-Pain is calling for another review – by an agency like SIRT-NL – to provide more clarity on the officers’ actions and reasons for entering the home.
“The lack of what is being said screams loudest,” he said.
Read more from CBC Newfoundland and Labrador
Add Comment