Z.E. had a dispute with his landlord, who entered into Z.E’s apartment without notice. Z.E. called police to have his landlord removed.
Police arrived about two hours later and met the landlord in the elevator lobby. The landlord then told the police that Z.E. had threatened her with a handgun when she was in his apartment. The officers then ran down the hallway and forced their way into Z.E.’s apartment without a warrant. After the police arrested Z.E., they found an airsoft on the balcony. Z.E. was charged with Point a Firearm – 87(1) of the Criminal Code.
At trial, the officers claimed that there were exigent circumstances for safety of people inside the apartment and belief of imminent destruction of evidence, such as the alleged firearm; therefore, no search warrant was required. However, Jake was able to get a copy of the officers’ radio communications, which revealed that the police had no safety concerns or reasonable belief of imminent destruction of evidence. The judge ruled that the officers were not truthful with their evidence and violated Z.E.’s Charter rights. Subsequently, the firearm was excluded as evidence.