Can You Tell The Cops To Get Off Your Property In Canada?

Thank you so much for me joining today. I’ve got a great interesting topic for today. A lot of clients ask me this, can you tell the police to get off your property in Canada? Very loaded question. I’m going to give you a few examples and the answer that question. The bottom line is, yes, in most circumstances you can, there are exceptions to that.

First of all, I’ll go through the exceptions, but you are in peaceable possession of your property, so if anyone shows up on your property and you don’t want them to be there, you can tell them to leave. There’s no question about that. Now there are exceptions. I will go through these exceptions. If the police show up, for example, for routine questions, they want to ask you about a crime or you’re a witness or you’re a suspect and they don’t have a search warrant, you can ask them to leave.

If they have a search warrant, that is a warrant to arrest you or to search your home. You can’t ask to them to leave unfortunately, you have to let them in. Ask them to show the search warrant. Be polite. Say nothing. Right to remain silence is very important in that situation.

What other situations? Well, it is called exigent circumstances, so let’s say the police got a call that you’re beating up your wife, and they show up and they hear noises inside of consistent with that. Well, those are excision circumstances, and you can’t ask them to leave. They’re going to investigate and possibly break in the door if they hear your wife in imminent danger for example.

Another example is what’s called hot pursuit. So let’s say the police are pursuing a suspect, whether it’s you, car chase for example, and you hot tail it on your property and then into your house. Well, that’s hot pursuit. Their entitled to enter your home to nab you, frankly, in that situation or on your driveway.

That’s called Hot Pursuit. So existing circumstances or emergencies, hot pursuits for a suspect or you who’s enter your property, and, of course, search warrants for either your arrest or to search your home. Can’t tell them to leave.

Now, what happens if you say to the police, well, look, do you have a search warrant or are you here to arrest me and you ask them to leave. They say, no, no, we’re here and they insist on staying. Well, if it’s an unscrupulous police officer that could happen, you have to be very careful in that situation, be polite, exercise your rights. Don’t say anything. Keep asking to leave, and you don’t want to escalate the situation. You don’t want to get involved in a brouhaha with them just be very polite. They will eventually leave. Just shut up. But that’s an unethical police officer.

They shouldn’t be doing that, but not a heck of a lot you can do about that. You could file a police complaint after a complain or possibly sue the police. But the short answer to the question yes in most situations, subject to those exceptions, you can ask anyone to leave your property, including the police. But heck, if they don’t leave the property. Don’t start putting your hands on then, you know the police, if you start doing that, you’re the one who’s going to wind up getting charged, and the courts are going to sort it out. The police may lie in that situation. You’re dealing with an unscrupulous and unethical police officer. Then obviously, most police officers are honest. They’re going to leave. They’re just doing their job.

They want to ask you a question. Maybe you’re a suspect, maybe you’re a witness, and that’s up to you. Whether you want to talk to police. You don’t have to if you don’t want it, and you have a right to remain silent if you’re a person who’s under arrest or under investigation. It’s an interesting topic, and just be careful, ask them to leave and don’t escalate the situation.