Best Criminal Defense Lawyers in Kitchener, ON

Any person, including a police officer, has your implied consent to walk onto your property for the purpose of communicating to you at your front door. If the police have a legitimate reason for communicating with you, such as responding to a call or seeking information for an investigation, then there is nothing wrong with this.

The police may come to your door to speak with you and in the process ask if they can come inside. You do not have to let them enter, but they are allowed to under law if you allow it. If you are not sure whether to grant this permission, contact your lawyer before making this decision.

Your gated backyard is also a private place, and police must obtain a warrant to search it. However, the trash that you leave on your driveway is not private. Once you leave trash out to be collected, you give up your privacy in the contents, meaning that police are as free as the garbage man to pick it up and take a look inside.

The police are legally able to investigate certain issues in almost all driving situations. Unlike other situations, the police do not need grounds to believe that your licence, insurance or registration documents are not up to date in order to pull you over to investigate these issues. The rationale for this is that driving is not a right, but a privilege, and the power for a stop of this kind comes from the Highway Traffic Act.

If you are stopped or arrested, it is very important that you remain calm and avoid conflict with the police. Keep control of your words, body language and emotions so that the situation does not escalate.