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Winnipeg Free Press - PRINT EDITION

Officer's actions in drug bust may scuttle trial

'Proactive' entry into man's business

By: Mike McIntyre

Posted: 04/25/2012 1:00 AM

A Winnipeg police officer has come under fire for his "proactive" investigative techniques that led to a major drug bust -- but might result in the case being thrown out of court.

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 has pleaded not guilty to possession for the purpose of trafficking on the grounds his rights were violated and an illegal search and seizure occurred.

Const. Brian Boyd admits bursting inside Chung's Portage Avenue business without a warrant, believing he 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 Hells 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.

"In my mind I was doing the right thing, what a police officer should do," Boyd said Tuesday on the witness stand. "I was just acting with due diligence. It was good faith. I thought something was going on."

A search of Chung's pockets revealed a bag of cocaine, while a duffel bag containing benzocaine was found 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, spent more than an hour grilling Boyd on cross-examination. She questioned why he 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 appear to sit well with Queen's Bench Justice Doug Abra, who will decide the fate of the case. Abra 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.

"Where's the officer safety in that? Why did you do that?" Abra asked Tuesday.

"I can't answer that," said Boyd, who added that hindsight is "always 20/20."

"Are you admitting you didn't have reasonable grounds to go into that store?" asked Abra.

"I'm saying I did," replied Boyd, who noted knowing Chung was a biker associate had him on high alert. "I don't know what to say. I was trying hard. I thought I was doing a good job."

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.

"I might have been derelict of duty if I don't follow through," Boyd testified. The trial continues.

www.mikeoncrime.com

Republished from the Winnipeg Free Press print edition April 25, 2012 B1