Do not have to open your door

Stan Tessmer just successfully argued a case in front of a Kamloops Judge where the charge was obstruction of a police officer by failing to open his door to them.  The police had received a hang-up 911 call and came to investigate.  Upon arrival, the defendant was found in the home but refused to open his door to let them in to look around.  They charged him with obstruction and then re-charged him for resisting it.  Mr. Tessmer argued that there was no obligation for an occupant to open their door to the police; it might prevent them from breaking the door down, but there's still no legal duty to open the door.  The judge agreed.  And since the arrest for obstruction was illegal, the client had a right to resist it, and that count was dismissed as well.






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Kelowna, British Columbia
V1Y 6N4

 

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