R. v. Godoy
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R. v. Godoy, [1999] 1 S.C.R. 311 is a leading Supreme Court of Canada the scope of police powers to enter into private dwellings without a warrant in order to protect lives. The Court affirmed that police have a common law duty to protect lives and that an anonymous 911 call is sufficient to invoke that duty, consequently, the police were justified in forcibly entering into the private home.
[edit] Background
On June 1, 1992, a 911 operator receives an "unknown trouble" call where the phone is disconnected before the operator hears any voice. The call is traced to Vincent Godoy's house and four police officers are dispatched to his house. The policy of the police is to treat "unknown trouble" calls as high priority. The officers talk with Godoy who tells them that there was no problem. One officer asks if they can come inside. Godoy tries to close the door but the officer puts his foot in the door and they all enter. The officers find a battered woman sobbing. They arrest Godoy for assault.
In the Ontario Court of Appeal, the court find that the police acted validly based on their common law duty to prevent serious injury and protect lives. The Supreme Court upheld the Court of Appeal's decision..
[edit] Opinion of the Court
Chief Justice Lamer, for the Court, found that police possessed a general duty to protect lives even outside of criminal situations. Where there are reasonable and probable grounds the police are allowed entering a private dwelling in order to fulfill their duty. Here, the police could not have had reasonable and probable grounds based solely on the phone call. However, once they investigated further they were able to establish a reasonable and probable ground which allowed them to enter.
