A BC man has been discovered not responsible of assaulting two RCMP officers – with the court docket discovering he was resisting an “illegal entry and arrest” in his residence earlier than he was tasered, taken down and hauled away in handcuffs.
The choice within the case was handed down within the provincial court docket on April 3 and posted on-line Thursday.
“This case raises quite a lot of points associated to the legality of arrest of an individual in a dwelling home,” Decide Harbans Dhillon wrote.
The court docket heard that Gerald Gladue was charged with assaulting Const. Hutchins and Const. Craig Abraham in his Burnaby basement suite in August of 2021. There was no dispute that Gladue resisted the arrest, partly, by biting an officer's thumb whereas police have been trying to cuff him.
“Police sustained minor however painful accidents, and Mr. Gladue sustained two episodes of electrical shock incapacitation and blows to his physique on being subdued for functions of arrest,” the choice says.
The decide defined that to convict somebody of assaulting a peace officer, the Crown should show that “on the time of the alleged assault, that peace officer was within the execution of his or her obligation.”
Gladue's lawyer argued that this might not be confirmed on this case.
“The protection place is that law enforcement officials weren’t appearing within the lawful execution of their duties after they entered the residence with no warrant, and the accused was entitled to withstand within the method during which he did,” the choice says.
“The regulation is properly settled {that a} police officer unlawfully on premises is just not appearing in the middle of their obligation and an individual lawfully in possession could resist the trespass,” the decide additionally defined.
The court docket heard that on the day of the alleged assault, officers have been responding to a report of uttering threats. Gladue was the suspect, accused of getting threatened his roommate who police discovered outdoors, sitting on the curb “a number of hundred ft away” from the house after they arrived on the scene.
After talking with the alleged sufferer, the police approached the house the place they discovered a person who was in his underwear, in response to the choice.
“Mr. Gladue left the door of his residence open, with police standing on the threshold. Police didn’t search Mr. Gladue's consent to enter and Mr. Gladue didn’t expressly and voluntarily invite the police into the unit,” it continues.
The decide famous that not solely did the police not have Gladue's permission, additionally they didn’t have a warrant.
“The prohibition in opposition to a warrantless entry right into a dwelling home to arrest an individual of their residence protects the freedom, privateness and safety pursuits of residents to be safe of their properties in opposition to state intrusion,” the court docket heard.
Police can – in sure circumstances – enter folks's properties with neither a warrant nor permission.
Nonetheless, these circumstances weren’t current on this case. There was no imminent danger to anybody's security – together with the officers', no concern that Gladue would try to destroy proof, and no “sizzling pursuit” into the house. As well as, the decide rejected the Crown's argument that Gladue's roommate gave or was ready to present the legally required permission.
“The officers on this case engaged in an illegal, warrantless entry right into a dwelling home during which Mr. Gladue was current and the entry was for the aim of arresting him. Mr. Gladue resisted the illegal entry and arrest. Within the consequence, the Crown has didn’t show an important factor of the offense of assaulting a peace officer within the execution of his obligation,” the decide concluded.
“I discover Mr. Gladue not responsible.”
The choice additionally says that whereas Gladue was charged with uttering threats, these costs have been stayed.
