The Noise Complaint

Police attended a Halifax condominium building on a noise complaint. The Accused opened his door partway, standing behind it, holding something behind his leg. An officer pushed the door further open, saw a handgun in the Accused's hand, and a struggle followed. The Accused held a valid authorization for the handgun in Alberta, but not in Nova Scotia. He was charged with careless handling of a firearm, possession of a weapon for a dangerous purpose, and possession of a loaded restricted firearm. He argued that pushing his door open was an unreasonable search of his home and that everything police saw as a result had to be excluded. The Crown said an officer facing a man hiding an unidentified object behind his leg in a darkened doorway is entitled to take a quick look for the sake of his own safety.