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ARTICLE · 18 OCTOBER 2021

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

Alexander Holburn Beaudin + Lang LLP
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On March 22, 2018, two police officers stationed themselves to conduct surveillance in a plaza parking lot known for frequent drug activity.

CanadaCriminal Law
Alexander Holburn Beaudin & Lang LLP
Alexander Holburn Beaudin & Lang LLP
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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.

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