E120| A fenced yard, flight from arrest, a fight & Feeney.
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In this episode, Mike discusses the Saskatchewan Court of Appeal decision R. v. Hoffman, 2025 SKCA 75 where police opened the gate to a waist high, fenced yard and entered to arrest a man seen standing in it. When the officer advised the man that he was under arrest, the man turned and ran into the residence, followed by police. A physical altercation occurred leading to charges of assaulting a peace officer, resisting arrest and damaging a police vehicle. Was the entry into the fenced yard to arrest the man lawful or were the police trespassers? Was a Feeney warrant required to enter the dwelling house or did the doctrine of fresh pursuit apply?
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