A former Royal Canadian Mounted Police officer and a Constitutional Law professor say officers have more to explain about the warrantless entry into a western Newfoundland home in June. According to the RCMP, officers who entered the Mount Moriah home in search of 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 proven the situation met 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 thought it was necessary or it was demanding.’ You have to articulate that,” Pitt-Payne said Thursday. “I’m not saying that police didn’t have that. I’m saying no one is putting that to us.” Cortney Pike says she woke up around 5:30 am. on June 5, to find two RCMP officers at her home. Officers had entered the home without permission and had already entered her 11-year-old daughter’s bedroom, shining a light in her face and questioning her about a missing 17-year-old. The missing girl was not inside the home, and Pike has repeatedly said her family does not know her. Pitt-Payne said entering without a warrant could have led to a more dangerous — and potentially deadly — situation. “The officers could have been hit with something. They could have been shot,” he said. “They might have a terrified homeowner jump out with a gun and get shot by the police.” Last week, Pike said she filed formal complaints with both the RCMP and the provincial Serious Incident Response Team, a citizen-led watchdog agency.
“imminent danger”
At a press conference on June 10, RCMP spokesman 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 was unable to say what that danger was. “I don’t have the specific level of impairment other than what was communicated to the RCMP by the complainant, was that the young man expressed concern that he wanted to return home,” he said. “There were concerns for her safety at the time.” At a press conference on June 10, Cpl. Jolene Garland said a review found that officers who entered a Mount Moriah home without permission did nothing wrong. (Darrell Roberts/CBC) Pitt-Payne said if officers were to enter the home under exigent circumstances, the RCMP should be able to determine the danger the girl faced. “Being a fugitive doesn’t give you demanding conditions,” he said. Garland said officers said they tried to alert the occupants by banging on doors and windows and shouting for 45 minutes, then spent another 15 minutes banging on an oil tank that was inside an unlocked door. Pike said she didn’t hear the officers until they were already inside the home. But Pitt-Payne said the length of time officers spent trying to alert people living at the home contradicted the “exigent circumstances” defence. “What the police are saying is ‘demanding, but not demanding enough that we went and kicked in the door.’ Benoît Pelletier, a constitutional law professor at the University of Ottawa, said that under Canadian law, exigent circumstances exist when there is an imminent risk of injury or death. They may also exist if there is an immediate risk of a suspect fleeing or destroying evidence. “The key words are ‘imminent danger,’” he said. Benoît Pelletier, a constitutional law professor at the University of Ottawa, said the exigent circumstances call for a state of “imminent danger.” (CBC) Pelletier said police must judge that risk based on the facts as they know them. “This is a burden that is strong, I would say heavy, on the shoulders of police officers.” “It is also the facts as they are valued or evaluated by a prudent and reasonable person,” he said.
Right and wrong
Based on what he has read about the incident, Pelletier said, he believes the officers acted appropriately. However, he said the officer’s actions should be looked into. “There needs to be a careful examination of the situation or the facts that the officers are actually citing to see who is right and who is wrong,” he said. While he believes the officers’ actions were justified, Pelletier said the warrantless entry is still a denial of the rights of the family living in the home. “We have the right to live in peace in our home and not actually be afraid of the police coming in without a warrant.” Cortney Pike stands inside 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 appropriately. However, he said the RCMP did not interview or speak with the family who lives in the home as part of the review. Pitt-Payne said this is a problem. “How can you investigate whether something was done properly or legally when you haven’t even spoken to the owners of the house?” asked. Pitt-Payne is asking for another review — by an agency like SIRT-NL — to provide more clarity on the officers’ actions and reasons for entering the home. “It’s the lack of what’s being said that screams the loudest,” he said. Read more from CBC Newfoundland and Labrador
