Accused was entitled to resist officer

ASSAULTING PEACE OFFICER

Accused was entitled to resist officer

In course of robbery investigation, officers went to accused young person’s house to get his side of story. Officers were invited into house by accused’s mother. When officer entered accused’s bedroom, accused took step to follow him. In attempt to stop accused from entering bedroom second officer put his arm in front of accused. Accused pushed officer’s arm away, knocking officer off balance. Third officer intervened and accused attempted to swat him away. Officers wrestled accused to ground and placed him under arrest. Charges dismissed. No interpretation other than that officer conducted search of accused’s bedroom without consent or search warrant. No exigent circumstances existed to justify search. Officer engaged in unauthorized search of accused’s bedroom. Second officer’s attempt to prevent accused from entering bedroom was unlawful interference with accused’s liberty and property. Accused was entitled to resist officer. Resistance by accused was mild and no more than what was required to proceed past officers blocking his path. Accused’s resistance did not involve unreasonable force. Accused’s resistance to unauthorized search without using unreasonable force did not attract criminal liability.

R. v. R. (T.) (Aug. 23, 2011, Ont. C.J., Jones J., File No. YO 22900-00) 96 W.C.B. (2d) 444 (8 pp.).