Do police need a feeney warrant to arrest someone they ask to step outside of their house?
One of the few questions where the question itself reveals the jurisdiction. Not that most folks would likely understand how, or what a Feeney warrant is. Absolutely, that would be a way around needing a Feeney warrant, if it worked. The reason for needing the Feeney warrant is that, with the Charter being what it is, the police can’t just enter a house because they feel like it. They need reasonable and probable grounds, and where it’s practicable, they need to get a warrant. It’s the privacy interest in the contents of the inside of the house (including the suspect) that triggers the need for a warrant. When somebody opens the door and leaves the house willingly, there’s no longer any privacy interest triggered, so the Feeney warrant is unnecessary.
