R. v. B.D., 2015 ABQB – client charged with possession for the purpose of trafficking and possession of proceeds of crime. He was arrested in a vehicle with two other individuals, and was seated in the backseat of the vehicle. While the controlled substance at issue was found in the pant leg of an associate in the front seat, police claimed to have evidence suggesting both the client and his associate were acting in concert. Evidence was that officers saw the occupant of the back of the vehicle exit, perform a quick exchange with occupants of a nearby truck, and return to the vehicle. Effective cross-examination revealed that police could not be sure: a) that the client was the individual seen performing the alleged exchange, and b) that the exchange was any form of drug deal.

Result: client acquitted