SECTION 9 - CAN POLICE STOP A VEHICLE SIMPLY TO SEE WHAT THE DRIVER IS UP TO

The officer saw the accused pulling out of a car dealerships parking lot. Because there had previously been a number of residential break-ins in the community the officer decided to stop the accused to see what he was up to. The officer was candid that the stop was not for any purpose under the Highway Traffic Act. There was no suspicion or even a hunch of a connection to any recent or current investigation of an offence. The only reason for the stop was to determine what he had been doing at that place at that time of night. Since the stop was arbitrary, the breath samples were excluded. R. v. Henderson, 2011 ONSC 2392