C-25.1 - Code of Penal Procedure

Section 94.1 Disposition versions

2020-07-13

94.1. An arrest in a dwelling house under a warrant for witness, warrant to bring a defendant, warrant of committal or warrant of arrest must be authorized by a warrant or telewarrant of entry issued by a judge.

Such authorization is not required

(1)  if a person is taking refuge in a dwelling house in order to flee from arrest;

(2)  if the person in charge of the premises agrees to allow the person responsible for executing the warrant for witness, warrant to bring a defendant, warrant of committal or warrant of arrest to enter the dwelling house; or

(3)  if the conditions for issuing the warrant set out in article 94.3 are met and urgent circumstances make it difficult to obtain it.

Circumstances are urgent if the person responsible for executing the warrant has reasonable grounds to suspect that it is necessary to enter the dwelling house to prevent imminent bodily harm to or the death of a person.

2020, c. 12, s. 25.