Pubdate: Wed, 12 Mar 2014
Source: Sun-Sentinel (Fort Lauderdale, FL)
Page: 1B
Copyright: 2014 Sun-Sentinel Company
Contact: http://drugsense.org/url/mVLAxQfA
Website: http://www.sun-sentinel.com/
Details: http://www.mapinc.org/media/159
Author: Rafael Olmeda

DEPUTIES ACCUSED OF LYING

Report Says Drug Arrest Was Made in Broward, but Lawyer Says It Was Boca

Two Broward sheriff's deputies followed a suspected drug dealer into
Palm Beach County, found marijuana in his Ford pickup, arrested him
and brought him back to Broward County-then lied about where they
made the arrest, a defense lawyer said Tuesday.

Brian Giunto, 38, was arrested on April 26, 2013, and charged with
possession of cannabis with intent to sell, a felony punishable by up
to five years in prison.

According to Giunto's arrest report, Broward Sheriff's Detective Gary
Amundson stopped Giunto's white pickup after Giunto drove through a
red light on Federal Highway and Northeast Second Street. "I could
smell the strong odor of marijuana emanating from within the vehicle,"
Amundson wrote in his report.

When the detective asked if there was anything illegal in the truck,
Giunto replied, "I have a little weed in there," according to the
report. Two grams of marijuana and ledgers indicating sales were
confiscated, Giunto was arrested and his vehicle was impounded.

The report lists the location of Giunto's arrest as the 200 block of
North Federal Highway in Deerfield Beach. An official vehicle hold and
storage receipt, signed by Broward Sheriff ' s Deputy Greg Edlund,
also said Giunto's truck was towed from 200 North Federal Highway.

But defense lawyer Russell Williams produced documents and a police
radio recording that suggest Giunto was stopped, searched and arrested
about a mile or more north of that location, in Boca Raton- and
outside the jurisdiction of the Broward Sheriff's Office.

Williams is asking Broward Circuit Judge Lynn Rosenthal to exclude the
evidence taken from Giunto's car based on what he believes was the
Broward Sheriff's Office lack of jurisdiction. He is also asking the
court to find Amundson and Edlund in contempt of court.

"This is not the first time we've heard a defense attorney has filed a
motion questioning the actions of law enforcement," said Broward
Sheriff's Office spokeswoman Keyla Concepcion."We are confident all
matters will be addressed in the court proceedings."

Amundson has been with the Broward Sheriff's Office since 2001. Edlund
joined a year later.

In the recording, deputies can be heard saying they stopped Giunto
"just south of Camino." Camino Real in Boca Raton is 1.7 miles away
from 200 North Federal Highway.

A receipt from the towing company that removed Giunto's truck from the
scene identified the location as18th Street and South Federal Highway,
just 0.8 miles from 200 North Federal Highway in Deerfield Beach, but
still in Boca Raton.

Whether the stop was closer to Camino or 18th Street, Williams said,
it is clear that Giunto was not arrested in Broward County.

"They lied," Williams said. "And if they lied about a case involving 2
grams of marijuana, what else have they lied on?"

As they were following Giunto, the deputies knew they had a
jurisdictional issue on their hands, according to the police radio
recording.

"I'm gonna try to catch up to him," one deputy said. "I'm gonna say
that's our infraction there is that he took the light. ... Our only
problem is, now, where we are," one of the deputies said. "What do you
think?"

Officials at the Broward Sheriff's Office and the Broward State
Attorney's Office were looking into Williams' allegation and, as of
late Tuesday afternoon, could not answer questions about the
jurisdictional issue.

In an August deposition, Amundson again gave no indication that he
left Broward County when he stopped Giunto. According to a transcript
of that interview, Williams directly asked where the traffic stop took
place.

"Just north of Second Street," Amundson said. "Probably about a
hundred yards from Second Street is the Boca Raton county line. It
was, like, right at the bridge."

"Before you got into Boca?" Williams asked.

"Yeah," Amundson answered.

Giunto's next court date is April 10.  
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MAP posted-by: Jo-D