SWORN AFFIDAVIT OF RAVI MISIR — dated September 13, 2016 Key: ‘A-- confidential informant Innocent 3rd party INTRODUCTION © - Undisclosed reason 1 Ravi Narine Misir, of the City of Winnipeg, in the Province of Manitoba, u Peace Officer, MAKE OATH AND SAY THAT; APPENDIX | ain a member of the Winnipeg Police Service (WPS) and have so been employed for over fourteen (14) years. I ain presently assigned as the Major Crime Coordinator in Division 43, 1a part of the Criminal Investigation Bureau. My duties include but are not limited to: judicial writing, providing consultation to other investigators, file management, hate crimes reporting and analysis, risk management, research, report preparation, conducting police involved shooting reviews, and working on investigative projects. During my tenure as the Major Crimes Coordinator I have written hundreds of judicial authorizations tor criminal investigations including but not limited to: criminal organization, murder, and conspiracy cases. 1 am currently designated by the Minister of Public Saféty and Emergency Preparedness to on intercept private communications under authorization or to observe, by means of televis camera or other similar electronic device ifthe offeace under investigation is one in respect of which proceedings, if any, maybe instituted at the instance of the Government of Canada and conducted by or on behalf ofthe Attomey General of Canada. | have personal knowledge of the facts stated in this application, except where those facts are stated to be based upon information and belief from other sources, Other sources may include reports, interviews and/or affidavits | have read from other peace officers who have beer javolved in this investigation, or the witnesses involved, Consequently, | have accepted and adopted some of these conclusions as my own. In these cases | also believe the facts to be true and accurate. knowledge of the facts hereinafter deposed to except where same are stated J have personal formation and belief. Ia both cases I also believe the facts to be true and to be based upon in accurate, tof 43SWORN AFFIDAVIT OF RAVI MISIA — dated September 13, 2018 nthe city of Win All of tie physical locations and addresses mentioned hereafter « Province of Manitoba unless otherwise specified, SECOND APPLICATION (On September 14, 2016 Judge Carlson of the Provincial Court of Manitoba, after reviewing letter my application for a search warsant had rejected il for the reasons cited in her honour attached hereto as Exhibit "3". 1 have addressed these errors and made the appropriate corrections by correcting the address in paragraph 39(¢)(ii} and removing paragraph 39(eK0). which had been entered in error. | also indicated in paragraph 33 how il is we have confirmed thal 31 Aspen Drive is indeed Trent Milan's address. OVERVIEW OF ALLEGATIONS Constable Trent Milan (Milan) is the primary handler of confidential informant, SOURCE “A” and co-handles confidential informant SOURCE “C” with another Winnipeg Police Service officer who I have not named because he has no involvement, is neither a subject nor does he have any interest in tis investigsicr,SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016 Investigators with the Winnipeg Police Service (WPS) Professional Standards Unit entered an investigation and were able to corroborate the following: Milan was in possession of a quantity of illicit drugs that were seen in his personal backpack shortly after allegations had been made that he was dealing drugs. ‘The goal of this investigation is: 1. To gather sufficient evidence to substantiate breach of trust by public officer et al and to secure a prosecution against target, Trent Milan. 30f43SWORN AFFIDAVIT OF RAVI MISIR ~ dated September 13, 2016 OFFENCES rr a. Substantive offence - Breach of Trust by Public Officer, contrary to section 122 of the Criminal Code b. Offences that support the substantive a fence: i, Possession of property obtained by crime, to wit: EE co section 354 of the Criminal Code fi, Trafficking a controlled substance, to wit: quantities of narcoties contrary to section 11 of the CDSA iii, Conspiracy to commit an indictable offence, (o wit: possession of propery tion obtained by crime, trafficking a controlled substance, contrary to s 465 of the Criminal Code GROUNDS FOR BELIEF INVESTIGATION FOCUS - Target: WPS Constable Trent Mitan February 23, 2016 2. Imet with Detective Sergeants Lambert and Forscutt of the WPS Professional Standards Unit who briefed me on a file that they were actively investigating, The file was centered ‘on WPS Constable (Cst.) Trent Milan (Milan), DOB: June 4, 1974, a sixteen (16) y member of the WPS working in the Street Crimes Un 4of43SWORN AFFIDAVIT OF RAVI MISIR — dated September 13, 2016 a. Detective Sergeant (D/Sgt.) Lambert — has been a member of the WPS tor 18 years and has worked in the WPS Professional Standards Unit for one year b. D/Sgt. Forscutt ~ has been a member of the WPS for 15 years and has worked in the WPS Professional Standards Unit for nearly one and one half years. 3. The investigators told me about serious criminal allegations that have been made against Milan in the recent months by another member of the WPS who had gotten the information from his confidential informant, SB The information gy WERE 2s wit! be explained, was not firsthand information/evidence from Milan meaning it was essentially hearsay informstion/evidence. Notwithstanding, a second member of the WPS had also come forward and corroborated some allegations mad GREE 2 :25n3t Milan. In spite of how removed the information is at times, 1 believe it is be true and accurate unless otherwise stated. 4, Ihave personally met and know Milan on a professional level through my years of service with the WPS. I also know that he was previously assigned to the following units based on my search of our human resources personnel database called "SAMS": 1, 2000-2006 | Division 14, general patro! 2006-2008 | Division 13, general patrol 2008-2011 | Street Crime Unit, investigator 2011-2013 | Division 14, general patrol Sof43SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016 5. 2013-April 2016 | Street Crime Unit, investigator 6. April 201 6-present time | Division 12, general patrolSWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016 THE ALLEGED CRIMINAL ACTIVITY OF TRENT MILAN AND SUPPORTING EVIDENCE February 23, 2016 9. On the above date I met with D/Sgts. Lambert and Forscutt and learned about the information stated hereinafter, from a timeline of key events that was prepared in a word document by D/Sgt. Lambert and information that these investigators had shared with me verbally. In terms of the information that was provided by KE there is ana evidence fo suggest thet WEB has fabricated any of the information he's provided out of a malicious desire for injury (professional/emotional) toward Milan. A B BREE alleged that Mitan was selling [INN and narcotics through GEE and receiving the majority of the proceeds = ce December 10, 2015 aa | Tot43SWORN AFFIDAVIT OF RAVI MISIR ~ dated September 13, 2016 SotsSWORN AFFIDAVIT OF RAVI MISIR ~ dated September 13, 2016SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016 AIB h. The file was forwarded to the Professional Standards Unit and the incident was filed for informational purposes pending the discovery of new information. To date, no new information has come forward, 10 0f43SWORN AFFIDAVIT OF RAVI MISIR ~ dated September 13, 2016 December 29, 2015 14, D/Sgt. Lambert contacted personnel with J and had gained access to their software that allowed him to view all of the transactions that were made by [EE D/Szt Lambert confirmed that the two transactions as described by the owner at [i WEEE hicd been made, D/Sgt. Lambert also learned that [ER had made a total of twelve (12) transactions and noted the following transaction of interest: lof 43SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016AIB SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016 s. Approximately three weeks after the search warrant at he members of the WPS executed a second search warrant at 1: A AIB «a During the second search worrer! ES I i bd Se ——— AIB , MERRIE bose as 2 2storey residence. Bed «room on floor toward the back of the residence near to the porch, HERB 612s steeping when the officers entered the residence, I! Hikuring this warrant, officers had planted drugs under the bed and stole y« ABIL claimed he witnessed, with his own eyes, the officer planting the drugs y, RRB be was handouffed in the living room and that (gees approximately 10 feet from him when she saw the officer in question pull the the mai druge out of his pocket and throw same under the mattress. 2, MEMIMMBE estimated that there were ounces of drugs in the bag, aa, WIRE: described the officer handling the drugs as smatler, skinnier, 5°11" — with light skin, bb, MME claimed that the other officers were in the back studio room as the officer in question planted the drugs. ce. The officer who planted the drugs was also the one taking pictures. TT —_ A 15 of 43SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016 ce, MERI as in jit for a week and had assumed QS © Pa a od all [a A hh, Pursuant to the second aaa EEE ciaimed he pled guilty to save his mother and (ggg from being sentenced and that the ordeal has ruined his life. In this regard, mR A that officers had done a number of search werrants on this date including one at his mother’s residence on I went on to say that the officers found drugs in his sister’s room on [I and that be fee! gs at his mother’s residence prior to police arriv strongly that there were no drus again suggesting that police planted the drugs. ji. EE received « I sentence A ick. MIE admitted that he sold crack (cocaine) during his most of his childhood. B A. tL MERI stressed he had no crack cocaine a house prior to the oftie entry. 7 a: ae 16 0f 43SWORN AFFIDAVIT OF RAVI MISIR — dated September 13, 2016 A B on, SEE ccntiticd (EEE 2s the officer who continues to har (conducting regular curfew checks) and also the one ws az B 00, MEE 2s breached the conditions of his probation order a few times in the last couple of years. ss him 19, D/Sgt. Lambert presented i. A a. Photo no! >, Photo no, 2 <0 d. Photo no. 4s A 17 of 43SWORN AFFIDAVIT OF RAVI MISIR ~ dated September 13, 2046 20, D/Sgt. Lambert had taken a break from the interview to conduct some queries on Niche RMS as a means to verify some of the information MIEMEMEEpro vided in his interview. D/Sgt. Lambert found the following: AIB WPS Incident, file om Search Warrant ee se Seized: 13.2 ounces of crack coccinc i s Seizing officer was Milan £ Excerpt from Milan's narrative report: B PRIN 0015 or cress in S/H? bedroom top drawer wih eocuanents it A RR ee 80ch were focacee by I MM CALLA B Iocated in 20 drawer down, white plastic bag which contained clear zip lack bas: of weapped in tin foil and a grey plastic bag with money. wack Cocaine, Additionally a clear sip lock beg with 6 pieces af Crack B EEE terview February 4, 2016 21. D/Sgts. Lambert and Forscutt interviewed Hillcx video to yet an account of her experience and perspective of thi done airesidence on May 7, 2010. I (016 investigators the following: on 2010 wes living on a be MBB ved in 2 2-stozey house with a basement inthe | arch that was AIB re entered by cormmurications center personnel / divisional cation duly \ Ranumbers are either reports that. Tyelosly sitend a location or they are sel-gencrated pote incidents officers and do not require police to Sreated by WPS members. 180943SWORN AFFIDAVIT OF RAV! MISIR — dated September 13, 2016 Members of the WPS came to the residence and broke down the door. They told MiBihat they had a werrant, However, Midid not see it This occurred between 9:00 and 10:00 a.m, ‘Thet EE vas also at the residence. ND «2 21.22 residence sleeping when the search warrant was executed. ss wearing ‘TAC officers were present in the house, There were also a few offic normal clothing and they knew II WEBI was handoutfed and placed in the living room beside IMMMon te couch, One of the policemen was being a “Smart Ass” and joking around with I saying they were 10 steps ahead of him. A ‘The policeman [jfdescribed as being a smartass was tall with short hair, wearing, plain cloths and had a gun along with handouffs, This same police officer went into [IEEE bedroom alone, closed the door and then came out showing us a zipper locking baggie of erack cocaine, He said, “Oh look what I found”. MMB indicated she told the officer that the drugs were not there and he subsequently asked IJ “How do you know that?” I retorted by saying ‘1 just finished cleaning that room”. ‘There was @ [ot of cocaine in the bag the officer claimed to have found, 19 of 43SWORN AFFIDAVIT OF RAVI MISIR ~ dated September 13, 2016 m, HEE had said, “that’s not mine” and that it wasn’t there.” The officer replied, “Well, where was it then?” [EM said, “Well not there”, B_ on. ERR claimed that the officers took the following EEE trom the residence: AIB 0. HERI sew the officers take the fgirom the bedroom and place it inte an evidence bag with red tape and the words “Evidence” written on it AIB p. MiiBpoticed the items missing when she got out of jail and was cleaning up. o. MIMI peed pity a csv yore or it was nice to talk about this for the first time in a while and that it a still haunts Il Identification through photo line-ups 22. D/Sgt. Lambert had prepared photo line-ups with respect to Milan and ony B HEE hizc positively identified him. 20 of 43SWORN AFFIDAVIT OF RAVI MISIR ~ dated September 13, 2016 February 4, 2016 GER selected Milan’s photo and said, “He was in [i house during the raid and was the one standing there being a smart ass" (sic).* B fown-accord and unintentionally corroborate fations against Milan 23. Up until EEbad come forward, all of the allegations against Milan were in the form of hearsay information/evidence. No one had directly spoken to or witnessed Milan B [HRB on the other hand, had recalled an encounter with Milan and as will be explained, had discovered a quantity of various types: carry-out the alleged criminal activities of drugs in Milan's personal property. February 17, 2016 24. DiSgt. Forscutt met with [EE who was assigned to the Street Crime Unit. [I told D/Sgt. Forscutt the following about Milan and his working relationship with him: : ee 8 b. That at the time IEEived in a smaller residence, I did a lot of woodworking and Milan had offered him use of his (Milan’s) garage for that purpose, ‘c. Sometime in 2011 while [Wes at Milan's residence in Oakbank, Manitoba ng wood work he remembered Milan showing him 21 of 43SWORN AFFIDAVIT OF RAVI MISIR — dated September 13, 2016 4d. Milan told him not to tell anyone jl MA. e, Inthe Street Crime Unit there was a running joke that when IEEE (oo B B BB stiis at the time of this interview) JBM the other members on the shift would ask him if he’s sure he can handle tA £ Unsure about the context of the joke, [EEE esked (IE what the joke was about, NRREBBMBE then told him about a search warrant he had dene with respect to AIB = GEE ext onto cxpain (ht g. This explanation prompted [MRM to think obout i! [zt GREE. Pccing things together even more, RI knew that Milan was om BEE sce Cine Ut ¢ 25, | believe this point is significant because IS bec scr I ‘This information corroborates the allegations brought forward by A o> siows the Mien Med poor EE INTEGRITY TEST 26. On August 11, 2016 members of PSU carried out an integrity test to establish whet Trent Milan, if posed with the opportuni ‘The resuit of this test has shown it is reasonably apparent that he will August 14, 2016 27.1 communicated D/Sgt. Shewchuk who told me the following about the tactic had carried out ther ity, will commit a crime and conceal his actions. they 220643SWORN AFFIDAVIT OF RAVI MISIR ~ dated September 13, 2016 The vehicle a. On July 28, 2016 D/Sgt. Shewchuk obtained a salvage write off vehicle om Manitoba Public Insurance (MP4). It was a 2009 Red Jeep Compass with VIN: 1J4PF47B69D203143 (“the vehicle”), The WPS Technical Surveillance Unit wired the vehicle for audio and video in accordance with the authorization to intercept communications. The stolen property b, On July 29, 2016 D/Sgt. Shewchuk obtained several items from the WPS in the vehicle to Evidence Control Unit with the intent of placing sam appear as thougi it was a stolen vehicle end had been involved in w break and center, Ail items were unclaimed property from other Winnipeg Polive Service calls for service. Because the items had not been claimed within the period of time allowed for reclamation the items were deemed the property of the City of Winnipeg and set aside to be auctioned off. Any items with ¢ serial number bad the numbers removed or obliterated. h were tumed over to the Technical fe. Several items that were large en Susveillance Unit and equipped with tracking devices. The Reporting person £ On August 3, 2016, D/Sgt. Shewchuk purchased 2 mobile phone for theit undercover operator (pretending to be Denis Berard) who entered a eal with the 23 of 43SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016 ‘Winnipeg Police Service to report the vehicle stolen. Fictitious MPI profile kg. D/Sgt. Shewohuk provided MPI with a fictitious person profile and MPI created a registration and insurance document showing this person as the owner af the vehicle. 1h. The fictitious person was documented on the profile as follows: i. Denis Berard DOB: October 5, 1970 670" tall, Blue eyes 38 Marion Street Duffost, Manitoba, ROA OKO i, DiSgt. Shewehuk arranged for the Royal Canadian Mounted Police (RCM?) Special O to conduct surveillance during the scenario. |, On August 4, 2016 MPI created the fictitious registration for the vehicle and issued Manitoba plate HLV652 for it. The stolen property inventoried and indexed k. D/Sgt, Showchuk obtained $270,00 (CDN) in the older style of bills and $300.00 (CDN) in the current polymer bills. D/Sgt. Shewchuk inventoried the serial numbers on all of the bills. L. ‘The $270.00 in old currency wes placed into the vehicle along with several tems that appeared to be from « break and enter. The $300.00 of new currency was placed in a bag of items within the vehicle that was made te appear as belonging to.a drug deaier. The drug backpack contained the following items: 2 of 43SWORN AFFIDAVIT OF RAVI MISIR — dated September 13, 2016 i. $300.00 in Canadian currency, fi, A small scale, iii, A drug score sheet, and iv, Small zip lock bags m, On August 8, 2016, an undercover police officer posing as Denis Bevard reported the vehicle stolen in the city of Winnipeg. WPS report number R16,59132 was assigned to the incident, The placement of the stolen property rn, On August 9, 2016 D/Sgt. Shewchuk placed several items in the reported stolen vehicle to make it appear as though it was property from a recent break and enter. ‘These items incinded various electronics, jewelry, and $270.00 in old CDN currency, ‘0, D/Sgt. Shewchulk also placed a bag with the currency and drug paraphernalia into the vehicle. p. Interms of the bag with the $300.00 in Canadian currency, the drug paraphernalia and drug score sheet, the $300.00 in Canadian currency and the drug score sheet had been placed into a separate and smaller pocket in the bag while the other property was placed into the general pocket. q. Trent Milan was working the D206 car with new ouver, s ‘Trem Milan was driving whilst MIRE as the roport taking officer. B First deployment t D/Sgt. Shewchuk and his colleagues deployed the vehicle in the a Road and Loudon Road and had another undercover aficer make un anonymous rea of Wyper report to the police the vehicle had been found abandoned fm the erea, This anonymous report was assigned WPS report number C16.165071 25 of 43SWORN AFFIDAVIT OF RAVI MISIR ~ dated September 13, 2016 3. PSU investigators made arrangements with the WPS Duty Inspector to have D206 assigned to this call when it came to light. However, due to a revent change in a WPS policy, no officers were dispatched to the call because, and in accordance with policy, only a tow track was contracted to tow the vehicle (o « police ‘compouné. Based on this policy change that was not known to the investigators at the time the scenario was unsuccessful, 1. The PSU investigators coveitly recovered the vehicle and the cal! was updated indicating thet the vehicle was gone on arrival and therefore was still outstanding, Second Deployment us On August 11, 2016, Trent Milan was working the D207 car with ‘Trent Milan was driving and IREBMEMBM was again the report taking officer. area of Wyper v. PSU investigators again deployed the reported stolen vehticle in th Road and Loudon Road with all the above placed items still within it, The WPS Communications Centre was instructed to enter a call for service to recover this Signed vehicle and to assign D207 to that call, Report number C16.166404 was a to the incident. w. D207, Trent Milan and [MMIII responded to the call, Because the vehicle was equipped with audio and video recording equipment PSU investigators had visually seen Trent Milan and (III looking at the contents inside of the aforementioned bag, as well as the other property in the vehicle, What is more, PSU investigators and RCMP surveillance teams that were set up at a distance from the vehicle had seen Trent Milan and IIR place the alorementioned bag and the other property into their eruiser car, eruiser ear no. 1206. This occurred after NINN) contacted the undercover officer posing as Denis Berard and learning from him that the property in the vehicle was not his, 26 ot43SWORN AFFIDAVIT OF RAVI MISIR ~ dated September 13, 2016 x. Trent Milan and {REEMA noc arranged for a tow truck to take the vehicle to a WPS compound (in accordance to WPS policy) and they took the contents of the vehicle to the WPS West District Station situated at 2321 Grant Avenue. At the West District Station, 2321 Grant Avenue y. D207 returned to the WPS West District Station (WDS) and Il HD completed the necessary reports, fisting the items found in the vehicle, The list of seized items in his report included all of the items that were inside of the vehicle except the $300.00 of Canadian currency that had been placed in the drug bag. z, Once Trent Milan and MMIII had arrived at the West District Station physical surveillance was suspended because surveillance teams were not in position to covertly continue surveillance within the secure police building. aa, While Trent Milan and {REE were at the West District Station between approximately 10:00 a.m. and 3:30 p.m. on August 11, 2016, PSU investigators ‘had confirmed the following based on the reports submitted by Ao» the WPS records management database and personal checks that were done by D/Sgt. Shewehuk: WRB completed the reports and documented everything that he und ‘Trent Milan had located in the vehicle, Everything was accounted for with the exception of the $300.00 in Canadian currency. anadian 4. As was stated above in paragraph 38 (p) the $300.00 currencies and the score sheet were placed into a soparate smaller pocket in the bag. In IIMIREEEEEENEE report the score sheet had been documented as a found itein from the bag but the $300.00 in Canadian currency had not been. ii, Although PSU investigators were unable to carry out any type of surveillance inside of the West District station, they were able to get card 27 0f 43SWORN AFFIDAVIT OF RAVI MISIR — dated September 13, 2016 access data that had shown them the following with respect to Trent Milan’s movement to and from the locker room after they arrived at the station at approximately 10:00 a.m, from taking the fictitious and staged call for service. It should be noted that there was no activity tor Il WME which likely means he did not have to card into the locker wom = By and may have just followed some in or happened to enter while someone was exiting, The same point could be made about there being no activity at the close of the day for Trent Milan: 1. Figure 1 edhe’ "raeoTe nT A Ries LO Trot Sond THARATTES OSEAN Bee eseot al OPS 7 . Sera ai. aided rosé inate ‘drags MILAN, Treat fCoel 11708720181 1906 PM Beacon a oes. Cade ‘rowan wsiseeM ‘Agelled MILAN Trect (Coed 1108/2018 513 PK Zeaeen Wore 2. Of interest, Trent Milan had entered the locker room (wise inside ofan hour at 1:19 and 1:51 pam, Surveillance followed the officers to their residences ‘Trent Milan and [MEE remained at the station until approximately B 3:30 p.m. when they left fo take a final call for service. They returned to the station a short time Inter, They were visually ro-acquired by the RCMP surveillance teams departing the station together at 5:40 p.m. in their i, Both were civilian clothing meaning that they had retired from their then monitored by surveillance to their respective residences without ‘making any stops before arriving home, iv. According to the data ftom the GPS tracking device that was installed in ‘Trent Milan's personal vehicle, the same vehicle he was scon driving home from the West District station on August 11, 2016, it has not cetumed to the West District station since August 11, 2016 28 of 43SWORN AFFIDAVIT OF RAVI MISIR — dated September 13, 2016 v. There has been no card access activity at the West District station for either Trent Milan o7 IMME since August 11, 2016. Confirmation that the $300.00 was not logged into evidence bb. On August 12, 2016 the WPS Evidence Control Unit picked up the logged evidence inside of the West District station and after an accounting of same, fiad confirmed that everything in IEEE report was fogged into evidence. The $300.00 in Canadian currency that was not documented in [IEEE report was not logged into evidence control; ruling out the scenario that i! simply forgot to document the currency in his report but had logged it into evidence. co, PSU investigators had Trent Milan and (IEEE ender physical surveillance: if until both officers had gone to their respective homes at the close of their To rule out the potential that the missing currency had fallen or was temporarily misplaced dd, On August 12, 2016 D/Sgt. Shewchuk had physically checked the site where the vehicle had been reported as found, checked inside of the vehicle and the cruiser car that Trent Milan and IIE hed been assigned to on August 11, 2016 (cat no, 1206) and did not find any evidence of the missing currency. ee, Again, the RCMP surveillance teamns visually picked up Trent Milan and I WII 2s they departed the West District station at the close of their shill and followed them to their respective residences noting that both had gone directly home from work. Expected return to duty ff, Detective Sergeants Shewchuk and Forscutt had confirmed on the SAMS database that Trent Milan and IBM ere scheduled to retum to work on Wednesday, August 17, 2016 at 4:30 p.m. 29 of 43SWORN AFFIDAVIT OF RAVI MISIR ~ dated September 13, 2016 i, On this note, On August 18, 2016 at 9:00 a.mn. 1 communicated with D/Sgt. Shewehuk who told me that according to SAMS, Trent Milan had booked off sick on August 17, 2016 at 4:00 p.m. (# half hour prior to the start of his shift) and was presently under physical surveillance by the RCMP who wes monitoring him at the airport preparing for a departure to Oregon in the United States. Deduction - process of elimination 9? 28, Based on the information documented immediately above in paragraph #4 po! investigators have established the following after completing the integrity test a. The missing currency was placed into the bag in & pocket with the score sheet b. PSU observed Trent Milan and II temmaging through (he bag and eventually placing seme, along with the other placed content into their cruiser ear. c. Their cruiser car was under surveillance until i arrived at the West District te of the recovered vehicle to the station. station, It had gone directly from the s {gt station situated at 4. While Trent Milon end IM) were at the West Ds 2321 Grant Avenue, PSU investigators were blind to their movement (behavior) access activity that both were presu inside of the station other then th using correctly (not giving others their cards for use throughout the building). 30 0f43SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016 placed content was documented in [EEN report with the exception of the $300.00 in Canadian currency. reports were completed and submaitted for sign off, All of the £ On August 12, 2016 the WPS Bvidence Control Unit picked up the logged evidence inside of the West District station and after an accounting, of same, had confirmed that everything in IIMA report was logged into evidence. The $300.00 in Canadian currency that was not documented in IEEE report ‘was also not Iogged into evidence control; ruling out the scenaria th GEEEER simply forgot to document the currency in his report. g. Somewhere between Trent Milan and IMM cing the call for service to recover the vehicle and leaving the West District station at the close of their shift the $300.00 went missing on the basis it was not found and accounted for in: i, The vehicle, fi, Cruiser car no, 1206, and iii, Evidence control. Based on the above end through the process of elimination the missing $300.00 could be at any one of the following places: i. A location somewhere within the West District station, ii. Im the hands ofa third party who had access to and from the district station, Inside of the locker of either Trent Milan and JNM or both. 31 of 43,SWORN AFFIDAVIT OF RAVi MISIR ~ dated September 13, 2016 iv. Or il could have gone home with either Trent Milan or All MM. General Warrant - A sneak and peek of Trent Milan's and (iil i lockers August 15, 2016 29.1 filed an application for = general warrant permitting PSU investigators ta conduct @ “sneak and peck” of Trent Milan's and {IMME assigned lockers at the WPS West District Station, 2321 Grant Avenue, On August 16, 2016 the reviewing Provincial Court Judge, her honor, Judge W. Garreck granted the warrant August 17, 2016 30, 1 spoke to Detective Sergeants Shewchuk and Forscutt who told they had conducted the sneak and peek on today’s date but were only able to successfully gain entry into Trent Milan’s locker and not {MEINE because there was no spare key for his locker. Shewchuk and Forscutt went on to provide the following details about their search: 1a. With the assistance of the WPS locksmnith, (EEN, Detective Sergeants Shewchuk and Forscutt covertly gained entry in to Trent Milan's locker, locker no. 116. b, They searched the locker and did not find any evidence of the missing $300.00 dollars, c. However, they located a black zippered case containing what appeured to be « quantity of cocaine and methamphetamines (bagged separately). estimated d. Forscutt seized the narcotics, had weighed them, and calculated a street value for them both: i, Cocaine — nine grams, Estimated street value = $250.00 32 0f 43SWORN AFFIDAVIT OF RAVI MISIR ~ dated September 13, 2016 ji, Methamphetamines — four grams. Estimated street value = $600.00 e. Forscutt and Shewchuk will be returning the black zippered case* into Trent locker and replacing the seized narcotics with fake look-a-like products. ill also have the drugs tested at a Health Canada laboratory to verify that they are indeed what they appear to be. =a 7 confirmed with the investigators that this was done on August 19, 2016 33 of 43SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016 34 0f 43,SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016 GROUNDS TO BELIEVE THAT MILAN STILL HAS POSSESSION OF 9 32. Based on the following facts | believe it is reasonable that Milan will still have TTT TY . i. On March 20, 2010 a search warrant was exccuted at J! 35 0f 43SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016 360843SWORN AFFIDAVIT OF RAVI MISIR ~ dated September 13, 2016 AB THE INVESTIGATIVE PLAN 33, Professional Standards Unit investigators are planning to arrest Trent Milan on Tuesday. September 13, 2016 as part ofa strategic takedown SE 5012212119 09 criminal o confirmed through Manitoba Public Insurance and the WPS datuba This is the address on his c ss. [have that Trent Milan's current address is Manitobe driver's license and his personnel file on the WPS records management database. What is more, 1 know that WPS surveillance has been visually monitoring Trent Milan at this location for the past day and a half. a7 0f 43SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016 CONCLUSION 34, The primary basis of the allegations is hearsay informatiorevidence. Notwithstand investigators have been able to corroborate some of the allegations and this had given investigators reason to believe that the uncoroborated allegations are as well, eredible and likely trae. ieve it is 35, Based on the constellation of factors described in the grounds for belief. 1 be reasonable that Trent Milan has inappropriately and at times, unlawfully used his, informant/handler relationship with IEEE in connection with the duties of his A office for a purpose other than public good which marks a serious departure from the standerd of an officer of the Winnipeg Police Service; or in other words comvnitted the criminal offence of Breach of Trust, Trent Milan used this relationship carry out criminal acts-from which he hes allegedly financially benefited. Also, Trent Milan has in eriminal compromised informer privilege by engaging and involving his sour activity that has caused police to investigate and identify the souree for Future potential court proceedings. in Canadian Jaw, informer privilege imposes a duty on the police, the Crown and the courts not (0 release any information that risks the identity of a police informer, 36. Based on the information and evidence gathered to date [ believe it is reasonable that ‘Trent Milan has committed the following offences based on at least the prima facie investigation: a. Possession of property obtained by crime, to wit IMM, contrary to scetion 354 of the Criminal Code. This belief is based on: ee ua AIB iii, The information supplicd by A theouc) III a8 of 43SWORN AFFIDAVIT OF RAVI MISIR — dated September 13, 2016 iv. ‘The investigation follow-up done by D/Sgt. Lambert with respect to eS v. The information provided by KIMMEMM in respect of his observations at Milan's residence in 2011. vi. The information provided directly fon b. Tra section 1] of the CDSd. This belief is based on: AB i. The information supplied by J rove i. fi, ‘The personal observations of EMM in respect of the drugs he had seen in Milan’s personal backpack, king a controlled substance, to wit: quuntities of narcotics eoutrary to iii, The integrity test wherein PSU investigators bad located a quamtity of nside of Trent Milan's work methamphetamine and powdered cocain locker. c. Conspiracy to commit an indictable offence, to wit: possession of property obtained by crime, trafficking « controlled substance, contrary to section 465 of the Criminal Code, i, ‘The basis for this belief is the alleged cooperation: planning and the resulting benefits shared by both Trent Milan and i a A given the alleged 37, Based on the outeome of the integrity test I believe it is reasonable, history of Trent Milan, that be has stolen the $300.00 of bait money. Notwithsta appreciate that we do not have direct evidenee to suggest this and it is only the circurnstantial basis of our process of elimination upon which ! am asserting my belief: 38, Despite not finding the cash in Trent Milan’s locker pursuant to a General Warrant to 1, investigators did however find what is believed to be cocaine and search sam: 2 of43SWORN AFFIDAVIT OF RAVI MISIR ~ dated September 13, 2016 methamphetamines in his locker, collectively valued at approximately $850.00. I believe this is significant because itis consistent with the information SIME has provided to D/Sgt. Forscutt in February of this yeer, it also verifies that Trent Milan is engaged in B crimina! activity, which is consistent with all of the allegations made about Trent Milan in terms of his proscribed behavior that was veritied by KIMMIE os recently as September 12, 2016. : 39.) AM THEREFORE REQUESTING authorization to search 31 Aspen Drive in ‘Oakbank, Manitoba for the following es A ee AIC 4, Fake drugs that PSU investigators have placed into a black pouch Any computer systems as defined in Section 342.1 (2) of the Criminat Code that investigators can establish belongs to or has been in the primary use of Trent Milan, i. With respect to mobile telecommunieation devices, it has beon my experience as an investigetor and affiant for a vast number of investigations that those who commit criminal offences oficn communicate about it on their mobile devices in terms af planning for it. making arrangements with potential co-conspirators, and sometines to even crow to others about what they had done. In many cuses, | have reviewed the data extracted from such deviees and have scen this type information (evidence) frst hand. 400143SWORN AFFIDAVIT OF RAVI MISIR ~ dated September 13, 2016 stem” definition iii, Lam aware that in the Criminal Code, the “computer includes a device that contains computer programs and computer data, The Criminal Code defines a program as having the capability to perform logic and control and may perform any other function. Iam further aware that in the Criminal Code the definition of “computer data” includes representations including signs, signals or symbols that are in a form suitable for processing in a computer system. iv. I believe that contemporary mobile devices, such as the Apple iPhone belonging to Trent Milan is by definition a computer system that contains computer data as defined in the Criminal Code. Also referred to ‘owning one myself that smartphones operate like smartphone | know fi a computer system by storing digital files such as photographs, video, media, and text documents (self-generated and downloaded). | also know that smartphones can access the intemet and perform web browsing fons) with various fonctions, email and run other programs (or applic: utilities 40. Upon seizing the above computer system(s) police investigators will examine them for the purpose of seizing communications, videos, and other content related fo the charge of AL of 3‘SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016 breach of trust stored in the following formats: a. Text based and multimedia communications on various platforms including but not limited to email, Facebook and other messaging applications. b, Communication logs in relation to the above, ©. Photographs, video and other media files, relevant postings to Facebook, YouTube, and other online platforms, SEARCH BY DAY OR BY NIGHT. 41. Investigators are planning a staged and coordinated search as soon as practicable, In the event circumstance change either intemally or externally, and this affeets the investigators ability to carry out a synchronized search at any particular chosen time, respectfully request that the search warrant be granted for a period of three (3) days within which it can be executed. On the date of execution, it is the intentions of investigators to carry out the search by day in accordance with Section 2 of the Criminal Code, between 6:00 a.m, and 9:00 p.m. However, in the event that the target does not arrive home until a time after 9:00 p.m, I respectfully ask that we be permitted to search by night. Investigators want to ensure that the search sites are controlled und that the searches are done strategically to avoid potential evidence destruction, 42 of 43& ba iH 78" day of September, 2016 SWORN AFFIDAVIT OF RAVI MISIR - dated September 13, 2016 SEALING ORDER 42. It is proposed that pursuant to Section 487.3 of the Criminal Code, all materials related to this warrant shall be sealed from public view in the same packet until such time as a court of competent jurisdiction orders otherwise. 1 will make this request is a separute ex-parte application. ‘SWORN BEFORE ME at the City of Winnipeg, in the Province of Manitoba, this A Commissioner for Oaths in and for the Province of Manitoba My Commission expires on. Cie ta fo: DT), Rol” 43 of 43