People returning to their destroyed homes in High River are furious after finding that cops had forced their way into their homes and seized their firearms while they were away.
Firearms experts say police do not have the right to enter homes without a warrant and take property, flooding or no flooding.
“This is without precedent, this is unreasonable search and seizure,” said Ed Burlew, lawyer and firearms specialist in Ontario. “The entry was illegal, it’s against the charter, it was unreasonable search and seizure. There’s no judge that would uphold the evidence obtained through an illegal entry into a person’s home.”
Political leaders say since there is an emergency, police should do what they have to do.
“These are exceptional circumstances, in an emergency situation we have to have our police ensuring that there is law and order,” said Premier Alison Redford late Thursday.
The feds say the police were trying to keep the guns safe.
“We have been advised that during the course of searching for individuals unable to make their way to safety, the RCMP discovered firearms that were insecurely stored. Those firearms will be held safely by the RCMP and will be returned to their owners as soon as possible,” said Andrew McGrath, spokesman for the Ministry of Public Safety.
Legal experts say an emergency is no excuse to enter someone’s home and seize their property.
“There is no special provision in the Criminal Code that allows the police to enter the homes of gun owners during a time of an emergency,” said Solomon Friedman, lawyer and firearms specialist in Ottawa. “The firearms act is often used by police as a pretext to gain access to private residences that they would not be able to gain access to, the ironic thing here is that if these people were convicted pedophiles the police would not be allowed to enter their homes without warrant, it’s kind of sad that gun owners have to fight for the same rights as any convicted criminals.”
http://www.sunnewsnetwork.ca/sunnews/canada/archives/2013/06/20130628-021149.html
It’s amazing how comfortable cops are with looting people’s homes during an emergency, but I’m guessing they were ordered to do it just to set the precedent.
After a controlled debate over the action it will become standard operating procedure, and then emergencies will be created so more arms can be seized.
WHAT A CROCK.
Prosecute them for breaking and entry, and grand larceny!!
Oh it’s all right because they were “just following orders…”.
Now where have I heard that before?
The RCMP motto is, “We loot, so you don’t have to”.
How did they get into the homes? Were the homes locked or just left unlocked?
How did they know who had guns there and who did not?
I would demand delivery(shouldnt need to go get them) I would also come up with a few “dream guns” to add to my list of taken and then sue for them being missing.
“where is my H&K mp5? Where is my dirty harry 357 long?”lol