A Summary Of Godoy's Case

This case was categorized under the criminal law, as the defendant had to go against the Crown. As for the actual case, the incident first came to attention when a 911 call was made from Godoy’s apartment, which was suddenly cut short before the caller was able to be identified. Despite this, a total of four officers headed to the apartment to confirm any suspicions and to question the resident of the apartment, which was found to be Godoy. As the officers arrived and requested access to Godoy’s apartment, a feminine cry was heard inside. It was this time that Godoy was attempting to close the door on the officers to avoid investigation, but as the officers’ suspicious grew stronger, they forced themselves into the apartment, despite Godoy’s

protest. Once they investigated, it was discovered that Godoy had hit his wife.
In court, however, the legal question of whether or not authorities should be able to enter an unauthorized building an emergency was brought up. Ultimately, it was decided that a case such as Godoy’s allowed an arrest without a warrant, because of the officers’ reasonable grounds to be suspicious of the actions that were occurring in the apartment at the time. While privacy within one’s home is important, if it involves the genuine danger of someone’s life or safety, such right can be temporarily annulled, just like this case.
I feel that the SCC held onto the claim that the officers’ actions were justified in entering the defendant’s apartment without a warrant because of the right reasons. The officers were suspicious when they first arrived the location, due to the anonymous 911 call prior to their arrival. Once they heard a woman crying within the house, the claim of an arrest without a warrant was applicable, since the police had reasonable grounds to suspect that either someone in the apartment or Godoy has committed a crime or was about to.