11°c Overcast
18°c Light rain
Winnipeg Free Press - ONLINE EDITION
Drug case thrown out after police misconduct
A major Winnipeg drug case has been thrown out of court after a judge found Winnipeg police trampled all over the rights of the accused.
Alejandro Chung, 45, was arrested in October 2009 after being caught with a quantity of cocaine and benzocaine, a common agent in the drug-production business. But Chung pleaded not guilty to possession for the purpose of trafficking on the grounds an illegal search and seizure occurred.
Related Items
Queen’s Bench Justice Doug Abra issued his ruling Friday morning, shredding the conduct of two police officers and dismissing all of the evidence they found. With no other case against Chung, he was immediately acquitted and walked free.
"The police misconduct was blatant and serious. The two officers flagrantly disregarded the accused’s rights under the Charter," Abra wrote in his 25-page decision. "If I permit the drugs, the paraphernalia and other seized items into evidence, I will be condoning wilful and flagrant breaches by the authorities of the accused’s rights."
Const. Brian Boyd and his partner admitted bursting inside Chung's Portage Avenue business without a warrant, believing they had stumbled across a break-and-enter in progress. Boyd spotted an unoccupied 4x4 running outside the property which was "flagged" in the police system as belonging to Chung, a noted Hell's Angels associate.
Boyd and his partner called for backup but didn't wait for their arrival. Instead, they walked through a partially opened door and entered the premises, where they saw Chung with a "white substance" around his lips, ordered him to the floor, handcuffed and searched him.
Abra said the two officers had "no authority to enter the premises" or to subsequently search Chung’s pockets, which revealed a bag of cocaine. They also found a duffel bag containing benzocaine on a nearby shelf. It was only after the arrest Boyd went to a magistrate and obtained a search warrant.
Chung's lawyer, Roberta Campbell, questioned why Boyd felt the need to rush inside the building when there was no evidence any crime had taken place. There were no alarms ringing, no 911 calls and no stolen goods piled in the back of the truck.
"Without bragging, I'm known to find things," Boyd told court about his "hunch" that the running vehicle outside the closed business, which is located in a seven-unit strip mall, was a sign something was amiss.
"In my eyes, being a proactive police officer with a history of making good arrests, I saw something different," said Boyd. "If a lot more police officers did what I did that night, I think we'd solve more crime."
But that explanation didn't sit well with Queen's Bench Justice Doug Abra, who questioned why Boyd claims "officer safety" was his primary concern in how he handled the situation, yet Boyd decided against waiting for backup and instead rushed into a building with no legal authority.
Chung's store, La Mota, sold various drug-related paraphernalia, court was told. Boyd said his suspicions were raised even more when another man -- a relative of Chung's -- briefly exited the building before dashing back inside upon their arrival.
More Latest News
- Back to Top
- Return to Latest News
More Latest News
(1 of 50 articles for this week)
Officials announce 1 winning ticket sold in Fla. on record Powerball jackpot topping $590M
1:20 AM 0View Related
Poll
Most Popular Latest News
- Man charged, victims identified in double homicide
- Two women face rare charges of harbouring alleged murderer
- Charleswood deaths being investigated as domestic incident
- Aboriginal leader Elijah Harper dies
- Leaving a gang isn't easy — Sidney Letandre, now a paraplegic, knows it all too well
- One dead in Highway 10 collision
- Head-on collision kills pickup driver
- Manitoba's changing spiritual landscape
- 'It's a beautiful story': There's not always a tomorrow to say you're sorry or make things right
- Horrific crash kills minivan driver near Brandon
- Seattle man dribbling soccer ball to Brazil killed by car on Oregon Coast
- Aboriginal leader Elijah Harper dies
- News of city's $17-million winner leaks out on FB
- Woman killed in head-on crash in southwestern Manitoba
- Horrific crash kills minivan driver near Brandon
- Charleswood deaths being investigated as domestic incident
- Hundreds pitch in to dig out houses damaged, destroyed by Ochre Beach ice floe
- Crushing blow for amateur sport
- US woman credits 'mother's instincts' in chase of 4-year-old daughter's abductor
- Flood victim gets six years for shotgun threat, attack
- Seattle man dribbling soccer ball to Brazil killed by car on Oregon Coast
- Driver crashes into tree near golf course
- Arrests made after raids on local head shops
- VIDEO: Left on the ice to rot
- Aboriginal leader Elijah Harper dies
- News of city's $17-million winner leaks out on FB
- Passengers from diverted flight to leave Winnipeg Thursday night
- No threat from bag found at Winnipeg Square
- Susan Griffiths dies in Switzerland
- Woman killed in head-on crash in southwestern Manitoba
- Marsh Madness: Photographers Fred Greenslade and Joe Bryksa capture spring migration's grandeur at Delta Marsh
- Manitoba's changing spiritual landscape
- Man charged, victims identified in double homicide
- Li granted additional day passes
- Raleigh holds annual tour of backyard chicken coops, part of national spread of urban farming
- WHO warns Saudi coronavirus may be spreading; calls for urgent search for source
- Province announces service for Elijah Harper
- Aboriginal leader Elijah Harper dies
- An uncommon phenomenon
- Marsh Madness: Photographers Fred Greenslade and Joe Bryksa capture spring migration's grandeur at Delta Marsh
- Hundreds pitch in to dig out houses damaged, destroyed by Ochre Beach ice floe
- U.S. bill would give Canadian snowbirds more time to spend in the sun
- Guitar-playing astronaut bows out of space station with music video of Bowie's 'Space Oddity'
- Microsoft update to address Windows 8 complaints, confusion will be free; to be called 8.1
- Horrific crash kills minivan driver near Brandon
- Uganda: Blessed are the children
- Winning 6/49 ticket purchased in Winnipeg
- Aboriginal leader Elijah Harper dies
- Dogs can experience separation anxiety and depression just like humans
- VIDEO: Left on the ice to rot
- Paul McCartney to play Winnipeg Aug. 12
- Ontario steps in to help save ELA
- Saskatchewan professor wants to test the health benefits of nose-picking
- 'Revenge of the redheads': Ginger-haired Montrealers gather in celebration
- An uncommon phenomenon
- RCMP charge man with double-homicide in Ethelbert
- Passengers from diverted flight to leave Winnipeg Thursday night
Ads by Google
You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is register and/or login and you can join the conversation and give your feedback.
Have Your Say
New to commenting? Check out our Frequently Asked Questions.
The Winnipeg Free Press does not necessarily endorse any of the views posted. By submitting your comment, you agree to our Terms and Conditions. These terms were revised effective April 16, 2010.