The first sighting: September 30, 2009
 Early in the afternoon of September 30, 2009, Detective
Vernon Ward was patrolling and conducting surveillance on
some streets where several break-ins had occurred. He was driving a truck, unadorned by any police markings or insignia.
 Detective Ward noticed a brand new van being driven
along one of the streets. There were two younger men in the van,
of “Latino descent”. The officer considered what he saw “
suspicious”. A van occupied by two younger men, in a residential area,
a melange of completed and unfinished homes, coming from an
area with no access and following a route with no apparent purpose or destination.
 The van’s occupants cast a suspicious look at Det. Ward as
he waved them through an intersection. The van pulled into a
driveway of a home at [number omitted] Hislop and entered the
garage. The garage door closed behind the van. Detective Ward
watched the home for about an hour. No one entered. No one
left. The officer then left the area.
 While surveilling the house at [number omitted] Hislop,
Det. Ward made some inquiries about the van that had entered
the garage. The vehicle had been rented by a person with a
Toronto address and was overdue for return to the rental company. Detective Ward considered the possibility that one of the
occupants of the van lived at [number omitted] Hislop. He could
see no connection between the van or its occupants and the
break-ins in the area.
The second sighting: October 5, 2009
 Early in the afternoon of October 5, 2009, Det. Ward
returned to the same area to continue his patrol and surveillance. He saw a van similar to the one he had seen five days earlier. As the van passed by, Det. Ward saw two men in it. Gilbert
Gonzales was the driver. Both men looked towards him as they
drove slowly through an intersection. Detective Ward followed.
 The van drove by [number omitted] Hislop, made a U-turn
and parked down the street four or five houses away. Detective
Ward pulled in behind the van. He intended to make a traffic
stop of the van to pursue the investigation of the break-ins. The
driver had not committed any highway traffic offence. The van
then moved away from its parking spot, passed by [number
omitted] Hislop and turned onto another street. Detective Ward
followed. He was suspicious of this vehicle given his impression
that the driver was trying to avoid him.