Police apologize after unexpected raid
The family claims that after a two-hour search of their Whitby residence, they were brought back inside and finally shown the official search warrant. No evidence was taken from the house, and none of the family members faced arrest. “They sat us down in the kitchen, and police apologized; they said I had the right to contact a lawyer,” the father said. According to a warrant obtained by City News, police officers were searching for evidence related to an incident that happened on Oct. 25 in Oshawa when an unknown person was seen with an unlicensed handgun. Officers were looking for that handgun, ammunition, and specific clothing items-all of which weren’t found at the family’s home. “We have no weapons at all,” the father stated. “I still have no idea why they had to use such force to determine that.” Durham Regional Police didn’t explain why this family’s home was targeted when Speakers Corner reached out for comment. “This investigation is ongoing; as such we will not be providing direct information regarding it,” a police spokesperson told City News. “When we have search warrants concerning firearms our Tactical Support Unit will execute those warrants. Once they are inside any premises anyone present will be immediately detained while an initial safety pat-down takes place.”Defense attorney says similar raids aren’t rare
Adam Boni, a former federal prosecutor now working as defense counsel who doesn’t represent this family noted that while this situation might seem shocking it’s not unusual. “It’s not uncommon for officers acting in good faith to execute warrants at locations without finding evidence of any crime,” Boni explained. “The real question is whether they’ve followed proper procedures during both application for and execution of these warrants.” Boni added that determining whether proper protocols were followed requires access to complete warrant applications known as Information To Obtain (ITO), which aren’t publicly disclosed. This document contains sworn investigative details submitted by whoever applied for permission for the search warrant.” Boni noted police must provide credible evidence convincing judges during searches-it’s not something taken lightly.” “Canadians enjoy protection against unreasonable searches or seizures-a fundamental right safeguarding personal privacy,” he asserted.” “The law establishes independent judicial oversight requiring proof based on oath from law enforcement: Are there reasonable grounds suggesting an offense occurred? Will relevant proof likely exist within target premises?”” If nothing’s uncovered? ”We could realize later police relied upon inaccurate intel-but it doesn’t conclude matters,” Boni remarked.” “Cops don’t need absolute certainty; just reasonable grounds inferred from solid data convincing judges.” Boni clarified individuals subjected under such circumstances retain rights regardless if involved criminally.” “While these raids can feel inherently coercive due armed strangers present; homeowners aren’t entirely powerless-you’re entitled demand identification & request sighting your search warrant immediately” advised Boni.” “Moreover consulting attorneys should also occur promptly” he emphasized.”“Ultimately post-incident judges assess whether law enforcement acted reasonably or excessively-and if rights got violated” concluded Boni.“
‘We’re just seeking answers’
The affected family believes their rights suffered infringement & intends consult legal counsel next steps ensuing uncertain aftermath left them burdened additional financial strain replacing shattered entryway.
“Why didn’t they knock or ring our bell instead?” questioned dad frustratedly” We would’ve opened up willingly-we’ve nothing hidden; breaking my door seems unnecessary.”
The household asserts wrong address led cops here citing confusion common within tightly packed townhouse setups often mistaking residences next-door amid similar unit numbers visible above garage doors rather than primary entrances observed reporters struggling identify proper knock points visit.
“Mail misdeliveries happen regularly since it can get tricky” noted dad added “That might explain events yet again unsure reasoning behind excessive force needed gain entry.”
The experience continues haunt them even afterward.
“My girls cannot sleep fearing intrusions resurface too frequently causing appetite loss” shared father anxiously “We’ve always kept clean records never facing issues previously-I’m utterly perplexed”
If you have concerns stories inquiries needing investigation reach out!”
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