Racial Profiling And Entrapment: Evidentiary Considerations Before Proceeding With An Investigation

• Published date: 18 October 2021
• Law Firm: Alexander Holburn Beaudin + Lang LLP
• Author: Alexander Holburn Beaudin & Lang LLP

On March 22, 2018, two police officers stationed themselves to conduct surveillance in a plaza parking lot known for frequent drug activity. Mr. Guerra, a white male, and Mr. Grant, a black male, were observed walking out of a restaurant approaching a silver sedan that was parked in the lot. Mr. Grant moved towards and briefly interacted with an unknown male at a different parked vehicle while Mr. Guerra stayed by the sedan. The officers did not see anything pass between them but concluded that they were taking part in a hand-to-hand drug transaction.

After the interaction, the accused, a black male, exited the same restaurant carrying a backpack and got into the sedan before the three of them drove off. The officers followed them in their unmarked police car to a housing complex.

The officers observed the three individuals smoking marijuana and determined that, combined with their previous conduct, there were reasonable grounds to believe that an investigative detention was warranted.

After requesting backup, the officers approached the three individuals, who started walking away. As one of the officers followed, the accused began to run. The accused threw something over a fence as the foot pursuit was underway and the officer stopped and discovered that it was a loaded handgun.

The accused was arrested two months later, on May 15, 2018, and charged with possession of a loaded prohibited firearm and four counts of possession of a firearm contrary to a prohibition order.

The accused brought applications under sections 7 and 9 of the Charter asserting that the police violated his rights and obtained evidence by racially profiling him during their investigation of drug...