In R. v. Clayton & Farmer, 2007 SCC 32 a man across the street from the club called police at about 1:22 am, gave his name and said he saw about 10 casually dressed black males, foru with handguns, congregating. The caller described four vehicles by colour and model (a tan Lexus, a black Jeep Cherokee, a black GMC Blazer and a white Acura Legend) associated with the group. When asked to check, he confirmed there was still a crowd in the parking area but that one of the vehicles had left. The gun call was dispatched and police responded.
The first officers on scene saw a group of men outside the club but no weapons. Two officers positioned at the parking lot’s rear exit at 1:26 am, intending to stop and search any exiting vehicle and its occupants. At 1:27 am, they pulled their car in front of the first vehicle to leave – a black Jaguar – even though it wasn’t described by the caller. Farmer was driving and passenger Clayton wore driving gloves, even though the night was warm. Police said they were investigating a gun call and asked the two men, both black, to step out of the vehicle.
Clayton complied but appeared nervous and was evasive when questioned. He struggled and then fled toward the club after being touched by an officer directing him to the back of the car. Police pursued and apprehended him as he tried to enter the club. A bouncer identified Clayton as one of the males having a gun and he was handcuffed. Officers found a loaded handgun in his pocket.
Farmer exited with some reluctance and only after three requests. A search at the vehicle turned up a loaded handgun tucked in the back of his pants. Both men were charged with numerous firearms offences.
So what do you think? Where they convicted? Legal search and seizure?
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