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7/30/2019 Evidence - Volume 3 - Green Earth Center v. City of Long Beach - Long Beach Medical Marijuana Raids (SACV 13-0
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PLAINTIFFS EXHIBITS (VOL. 3)
MATTHEW PAPPAS (SBN: 171860)
CHARLES SCHURTER(SBN: 174261)
LEE H. DURST (SBN: 69704)
22762 Aspan Street, Suite 202-107
Lake Forest, CA 92630
Phone: (949) 382-1485
Facsimile: (949) 242-2605
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION
GREEN EARTH CENTER, INC.; DANK
CITY PATIENTS GROUP INC.;
NATURECANN, INC.; INDUSTRY GREEN
COLLECTIVE, INC.; KAI KEM INC.;
CHRONIC COLLECTIVE; COMPLETE
ALTERNATIVE MEDICINE; PATIENTS
REPUBLIC COLLECTIVE; 562
COLLECTIVE; DEMITRI WOODARD andCHRIS WOODARD,
Plaintiffs,
v.
CITY OF LONG BEACH, CALIFORNIA;
DAVID STROHMAN; OSCAR
VALENZUELA; ALDO DECARVALHO;
CHRIS VALDEZ; DOUGLAS LUTHER; and
DOES 1 to 10,
Defendants.
No.: SACV 13-0002 AG (JPRx)
PLAINTIFFS EXHIBITS (VOL. 3)
IN SUPPORT OF APPLICATION
FOR T.R.O. AND O.S.C. RE:
PRELIMINARY INJUNCTION
Date: May 9, 2013
Time: N/A
Courtroom: D10, Judge Guilford
EXHIBIT VOLUME #3
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PLAINTIFFS EXHIBITS (VOL. 3) - II
TABLE OF EXHIBITS (VOLUME 3)
EX. #: DESCRIPTION PAGE
43 DECLARATION OF JOSE BUSTAMANTE 136
44 DECLARATION OF ADRIAN DIAZ (MAR. 8, 2013) 137
45 DECLARATION OF ADRIAN DIAZ (APR. 11, 2013) 138
46 DECLARATION OF A. GONZALEZ (MAR. 8, 2013) 140
47 DECLARATION OF A. GONZALEZ (APR. 11, 2013) 142
48 DECLARATION OF CAROLINA LOPEZ (MAR. 8, 2013) 144
49 DECLARATION OF C. SEGOVIA (APR. 11, 2013) 146
50 DECLARATION OF CLAUDIA PARRA (OCT. 31, 2012) 148
51 DECLARATION OF EDGAR SANCHEZ (MAR. 8, 2013) 150
52 DECLARATION OF MCCABE KAINOA (APR. 11, 2013) 152
53 WARRANT FOR SEARCH AND SEIZURE
CONDUCTED OCTOBER 4, 2012 (FOURTH ST. COLL.)
156
54 WARRANT FOR SEARCH AND SEIZURE
CONDUCTED MARCH 5, 2012 (FOURTH ST. COLL.)
164
55 WARRANT FOR SEARCH AND SEIZURE
CONDUCTED APRIL 12, 2013 (FOURTH ST. COLL.)
171
56 WARRANT FOR SEARCH AND SEIZURE
CONDUCTED APRIL 23, 2013 (FOURTH ST. COLL.)
175
57 WARRANT FOR SEARCH AND SEIZURE
CONDUCTED OCTOBER 31, 2012 (WILLOW COLL.)
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PLAINTIFFS EXHIBITS (VOL. 3) - III
58 DECLARATION OF YVONNE SCHAFFER 195
59 DECLARATION OF JUAN HUIZAR 197
60 DECLARATION OF MARK MALAN 199
61 LONG BEACH WARNING THAT WATER WILL BE
SHUT-OFF TO FOURTH STREET COLLECTIVE
201
62 DECLARATION OF LARRY PARKS 202
63 LETTER FROM ATTORNEY MATTHEW PAPPAS TO
ATTORNEY PAUL VIOLAS RE: FOURTH STREETCOLLECTIVE MANAGING PATIENT LARRY PARKS
205
ADDITIONAL EXHIBITS ARE INCLUDED IN VOLUMES 1, 2, 4, 5, 6, & 7
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EXHIBIT #43
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DECLARATION OF JOSE BUSTAMANTE
1. I, JOSE BUSTAMANTE, declare as follows:
2. I am a resident of Los Angeles CA.
3. I volunteer at the 4th St. Collective
4. On March 5th, 2013 the Long Beach Police Department slammed
through our front door rushing into the second where they all
had weapons drawn pointing them at us. They demanded we open the
last door. As we opened it they rushed the security guard by
putting a handgun to his face and forcing him to the floor. The
second officer ran to me with a shotgun screaming to get on the
floor. As I got on the floor they handcuffed me and all of theother volunteers and patients in the room. They sat us on the
floor while they integrated the patients. They then brought in a
volunteer in from outside that was going home . They then stated
to take one by one out side so the undercover could verify us .
They then interrogated us and asked questions as they placed us
one by one in police cars. They then began to take us to the
station.
I declare under penalty of perjury under the laws of the State o
California that the aforementioned statement represents m
personal knowledge and is true and correct.
EXECUTED this 22nd day of October, 2012:
/S/
_____________________________________________JOSE BUSTAMANTE
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EXHIBIT #44
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DECLARATION OF ADRIAN DIAZ (APRIL, 2013) - 1
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DECLARATION OF ADRIAN DIAZ
I, Adrian Diaz, declare as follows:
1. I am a resident of Long Beach, CA.
2. I am a volunteer at The Willow Collective.
3. To whom it may concern; On March 8, 2013 LBPD rushed into The Willow Collective around
1:30 pm while I was volunteering. They came in with guns drawn very aggressively in an unlawful
manner. I was sweeping the floor when I seen the first officer get buzzed in through our secure door
yelling at the other volunteers and Patients we all put our hands up. Once I heard the officer say th
I quickly put my hands up in the air cooperating. Then the second officer behind him rushed towar
me because I was the nearest to him and forcefully threw me up against the wall handcuffing me rig
away. After the handcuffs were on the officer started screaming in my face asking me how long I've
been volunteering and also stated that I was going to a prison for a very longtime. When he told me
that I clearly stated to him that I was practicing my Fifth amendment rights and that I wasn't
comfortable answering any questions till my lawyer was present. That's when he took me to the lobb
to sit me down and take my information. He then took my id from my pocket with all my info on it
and started to question me after I stated that I was remaining silent. The officer asked me basic
questions like whats my name ? and address? and I just replied all my info is on my id and stood
silent. After that he kept harrassing me trying to get me to talk but I just stood quiet and then he state
out loud " OH YOU'RE ONE OF THOSE FUCKING GUYS". I felt like my rights were being
violated. Then they placed me in the back of one of the vehicles with two other volunteers with no
seat belts. On the way to the station I didn't feel safe the officer was speeding a little while on his
phone not keeping his eyes on the road. During the whole process I felt as of all my rights were
completely thrown out the window.
I declare under penalty of perjury under the laws of the State of California and United States that the
aforementioned statement represents my personal knowledge and is true and correct.
DATED: April 23, 2013
___________________________________________Adrian Diaz
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EXHIBIT #45
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DECLARATION OF ADRIAN DIAZ (APRIL, 2013) - 1
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DECLARATION OF ADRIAN DIAZ
1. I, Adrian Diaz, declare as follows:
2. I am a resident of Long Beach, CA.
3. I am a volunteer at The Willow Collective.
4. To whom it may concern; On April 11th, 2013 LBPD burst into The
Willow Collective around 2:30pm in a disrespectful and unlawful
manner with guns drawn while I was volunteering. As the officers
were busting into the collective our security guard mentioned on
the walkie-talkie that we were getting raided. So knowing ahead o
time before the officers were inside I had already put my hands ithe air. Once the officers got inside they came in screaming for
all of us to put our fucking hands up and swearing a few other
words. Then they quickly put the handcuffs on me tight using
excessive force. I knew that I wasn't doing anything wrong becaus
I was cooperating with them they were being really disrespectful
and rude from the start. After that they sat me down and thats i
when one of the cops in uniform recognized me from the previous
raid and stated a little remark " you haven't learned your lesson
while laughing with other officers. Then one of the detectives in
street clothes took a patient that they had in custody and I to
the back outside in the alley for about 20 sec without saying
anything to us. I'm guessing they were trying to identify us or
take pictures of us but it seemed a bit weird. After that they
placed me in the backseat of a vehicle with another volunteer and
again with no seat belts I didn't feel safe on the ride to the
station. The officer was on his phone the whole way there. Then
after the officers finished booking me and were about to hand me
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DECLARATION OF ADRIAN DIAZ (APRIL, 2013) - 2
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over to the correctional officers a detective approached me to
read me my rights and tell me why I was being arrested.
I declare under penalty of perjury under the laws of the Statof California and United States that the aforementioned statemen
represents my personal knowledge and is true and correct.
EXECUTED this 23RD day of April, 2013:
___________________________________________Adrian Diaz
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EXHIBIT #46
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DECLARATION OF ALEJANDRO GONZALEZ (APRIL, 2013) - 1
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DECLARATION OF ALEJANDRO GONZALEZ
1. I, Alejandro Gonzalez, declare as follows:
2. I am a resident of Long Beach, CA.
3. I am a volunteer at The Willow Collective located at 72
W. Willow St. Long Beach Ca.
4. I was present at The Willow when it was raided by the
LBPD on Friday, March 8th 2013. It was between 1:20-1:30pm
when I was sitting at the front check-in window talking with
my friend Carolina when all of a sudden the police burst
through the front door into the waiting area flashing a
warrant and with their guns drawn and pointed at us, demandin
to get in through the second door or they would break the
door down. We were all being very cooperative. We faced the
wall and put our hands on our head before they even told us
to. They cuffed all five of us very tightly and with
excessive force and placed us into the front lobby. Once
we were all secured, all the officers were joking around
and talking down at us and calling us low-life drug dealers.
They brought us back one-by-one for questioning. The
detective asking me questions and reading my rights was
Detective Strohman. When I refused to answer Strohmans
questions and referred him to my lawyer, he gave me a dirty
look and then took me back to the lobby. After attempting to
question the rest of the detained he told us out loud that w
will be forced to sign a stay away order that came with a
three year probation. He said if we didnt sign it we would
be facing jail time. I was taken away with two others in
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on
a
I
of
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ATION OF A
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two rem
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ONZALEZ (A
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ere bro
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ught in
aws of
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he Sta
dge an
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EXHIBIT #47
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DECLARATION OF ALEJANDRO GONZALEZ (APRIL, 2013) - 1
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DECLARATION OF ALEJANDRO GONZALEZ
1. I, Alejandro Gonzalez, declare as follows:
2. I am a resident of Long Beach, CA.3. I am a volunteer at The Willow.
4. It was Thursday, April 11th 2013 around 2:20 to 2:30 pm. I was in the front
check in room and heard the walkie-talkie utter words very quickly. The next thing I
know, my buddy said we are being raided then the cops burst in the door with weapons
drawn yelling for us to put our hands up. They presented the warrant to the check in
window, so therefore they were allowed in guns drawn made us face the walls put our
hands behind our backs, then one by one they put on cuffs very tightly on each of us, then
walked us to the lobby where we had no vision of what they were doing, Then one of the
taller detectives in regular clothing walked three of us to the back as if he had somebody
identify us from a distance and he told me" i recognize you, you are on the stay away
order your fucked now" and i responded " I am under no stay away order what so ever i
did not sign anything" he responded almost yelling i will make sure your are this time "
and got all up in my face! Then they took us back to the front during so you could hear
that they started to tear the place up i have some pictures from when i returned they mad
a huge mess counters moved everywhere, phone and internet wires disconnected broken
jars on the floor, broken glassware as well, there was about five to six uniformed officer
and about 4 detectives in regular clothing, the whole time these police officers were jokin
around after they had secured us in cuffs, were making rude remarks about how they hav
seen us before, and that we do not learn our lessons, they were raising their voices as wel
they took 2 of the volunteers first, along with a member of ours, they had my security
guard outside, then they took about an extra half hour with me and my friend carolina
hand cuffed, they read three of us our rights, then tried to question us one by one, i did no
respond to any questions i told them to speak to my lawyer, i requested my single vehicle
key along with its key chain about 5 different times the subject was changed about 4 time
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DECLARATION OF ALEJANDRO GONZALEZ (APRIL, 2013) - 2
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and the 5th time, was when we were exiting the store about to be put in the vehicle i aske
again and they said no in a loud tone of voice, that they were not in my possession. then
they took us to the station and we were booked. they handled this arrest and raid very
poorly with no respect what so ever towards us, it was very unprofessional.
I declare under penalty of perjury under the laws of the State of California and Unite
States that the aforementioned statement represents my personal knowledge and is tru
and correct.
EXECUTED this 23RD day of April, 2013:
_____________________________________________
Alejandro Gonzalez
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EXHIBIT #48
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DECLARATION OF CAROLINA LOPEZ (APRIL, 2013) - 1
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DECLARATION OF CAROLINA LOPEZ
I, Carolina Lopez, declare as follows:
1. I am a resident of Long Beach, CA.
2. I am a volunteer at The Willow Collective.
3. To whom it may concern
This is a statement describing my experience during two unlawful raids that occurred
on Friday March 8, 2013 and Thursday April 11, 2013.
On Thursday March 8, 2013 Long Beach PD busted into Willow Medical Solutions at
approximately 1:30pm demanding to be buzzed into the facility. Perhaps they had a signed
warrant; however I never saw it. They came through the security doors with guns drawn an
then came around the counter and instructed all of us to place our hands on our heads. A
Caucasian officer aggressively slapped on a pair of handcuffs tightly on my wrists. He then
grabbed me by my arm and led me to the patient lobby where they had four more voluntee
waiting in hand cuffs. The Sergeant stated that we where all going to have restraining orde
against us from the facility after we get bailed out. The officer who wrote down my
information was rude and disrespectful demanding me to give him my ID number and
personal information. When I refused to respond he replied "what, are you dumb too?! "
They looked through all of my belongings without asking for my consent" While I was waitin
in the lobby I could hear them rambling through all of the merchandise and looking to findhidden objects to confiscate. When we arrived to the booking facility I witnessed an officer
looking through Alejandro Gonzalez phone demanding for him to say his IPhone password
in order to turn it off. Alejandro responded that he could turn it off with out the password and
the officer furiously responded that he would use it as evidence. If I could briefly describe
the experience I would say it felt like a robbery by men in uniform because we returned to a
destroyed dispensary with all funds and merchandise gone and tape placed over our
surveillance cameras.
On April 11, 2013 Long Beach PD made a forceful entrance into Willow for the second time
at 2:30pm. Once again they demanded to be buzzed into the facility. The officers once
again came through our security doors with guns drawn and aggressively yelling instruction
for us to put our hands on our head just as they did the last raid, only that this time they had
three of us go to the back where an SUV was parked. The Sergeant asked if we where on
stay away, when we responded that we were not he stated that he would make sure we go
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DECLARATION OF CAROLINA LOPEZ (APRIL, 2013) - 2
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restraining orders from the facility this time around. We where then led to the lobby while
they took down our information. They selected three volunteers to be taken to Jail
immediately and I waited with Alejandro in the Lobby. An officer pulled me aside to read me
my Miranda rights and asked me how long I had been working at Willow and if I knew the
owner. After refusing to respond he told me to return to the lobby. I saw the officers going
through the register and collecting all of the merchandise. From the lobby I could hear their
disappointment; they could not find any hidden merchandise. After a few minutes I heard a
officer shout! "Ha Bingo! Display Cases, just like any other drug dealer. The only reason I
could imagine that willow has hidden items is because of the Unlawful raids that continue to
occur. I was never really told what it is that I am doing that is Illegal, the only thing I was tol
by the Officer was "you know what you are doing is illegal, now go sit down". Overall I woul
describe both raids as a traumatic experience because I was treated as a criminal and
aggressively detained.
I declare under penalty of perjury under the laws of the State of California and United State
that the aforementioned statement represents my personal knowledge and is true an
correct.
EXECUTED this 23RD day of April, 2013:
_____________________________________________Carolina Lopez
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EXHIBIT #49
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DECLARATION OF CHRISTOPHER ARTURO SEGOVIA (APRIL 2013)- 1
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DECLARATION OF CHRISTOPHER ARTURO SEGOVIA
I, Christopher Arturo Segovia, declare as follows:
1. I am a resident of Long Beach, CA.
2. I am a volunteer at The Willow.
3. It was Thursday 4/11/13 between 2:20 and 2:30pm. I was tending to a patient when
I heard raid on the radio. I stopped what I was doing and waited for LBPD to walk in. We
buzzed them in right away. With their guns out and pointed at the volunteers and patients w
were told to put our hands in the air. Already with my hands in the air, the officer starts to
search me and asks, " do you have any guns or grenades?" My response was unless we ar
in Iraq. I was arrested and took to the back of the dispensary to be asked if I have been
served? After the question I was taken to the lobby of the dispensary. That's when the
officers took down my info as well as the other volunteers. While taking down our info I
hear the detective and the other officers moving things around. I heard them making fun
of us. I would say it was four officers in uniform and two detectives not in uniform. They
didnt have enough cars for all of us to get booked at the same time. Adrian and I go in on
car in the back seat. I asked the officer to put my seatbelt on so Id feel safe but only
received a smart remark in response by the officer. I thought it was police officers job to
protect and to serve. So not only did I not feel safe without my seatbelt on but the office
was also swerving while driving while trying to run some license plates while driving.
During the ride I asked, " why did you guys not come with your whole team?" The officer
replied, " it was a low-key raid. " At booking its just Adrian and I. After about a half an
hour of being there the detective came and called out my name. He pulled me to the side an
quietly read me my rights. I believe he did this quietly because I was supposed to be read
these before I am actually arrested. He tried asking me question but I replied by saying
talk to my lawyer. On the way upstairs the other volunteers arrived about an hour after
Adrian and I got into the station. When upstairs one out the four officers in uniform stared
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me
wh
I d
tha
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__
Ch
down wit
ere I await
eclare und
t the afore
ECUTED
_________
istopher Ar
DECLARAT
intimidati
d my bail.
r penalty o
mentioned
his 23RD
________
turo Segovi
ON OF CHRI
n as if he
f perjury u
statement r
ay of April
_________
TOPHER AR
anted to f
der the la
epresents
, 2013:
________
TURO SEGO
ight. I fina
s of the S
y persona
____
IA (APRIL 20
lly was tak
tate of Cali
knowledg
13)- 2
en into the
fornia and
e and is tru
main cell
United Sta
e and correc
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EXHIBIT #50
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DECLARATION OF CLAUDIA PARRA (APRIL, 2013) - 1
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DECLARATION OF CLAUDIA PARRA
I, Claudia Parra, declare as follows:
1. I am a resident of Los Angeles County, CA.
2. I am a volunteer at The Willow
3. The Willow was raided on April 4th, 2013.
4. It was Wednesday, on October 31st around 12:30p.m. I was
volunteering at Willows Collective dispensary in Long Beach,
CA along with 3 other volunteers. While in the process of
helping out a patient, I glanced to the cameras/monitors and
saw a number of people, a majority of whom were in casual
clothing, rush into the dispensary through both entrances. I
stopped helping out the patient immediately and froze up,
because I didnt know what to do at the moment. The men walke
in and pointed their guns at us and told us to put our hands
up. From what I remember, they identified themselves as polic
officers. Afterwards, they put the volunteers in handcuffs an
searched each of us individually. They proceeded to move
everyone to the waiting room, as well as the patients and the
security guard. After a couple of minutes they allowed the
patients to leave, but kept the volunteers and the security
guard waiting for approximately 30 more minutes. Then one by
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DECLARATION OF CLAUDIA PARRA (APRIL, 2013) - 2
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one a private investigator called us to the next room to
question us. After questioning us they took us all in to the
Long Beach City Jail.
I declare under penalty of perjury under the laws of the Stat
of California and United States that the aforementioned
statement represents my personal knowledge and is true and
correct.
EXECUTED this 24th day of April, 2013:
___________________________________________Claudia Parra
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EXHIBIT #51
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DECLARATION OF EDGAR SANCHEZ (APRIL, 2013) - 1
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DECLARATION OF EDGAR SANCHEZ
I, Edgar Sanchez, declare as follows:
1. I am a resident of Long Beach, CA.
2. I am a volunteer at The Willow.
On Friday, March 8, 2013 at approximately 1:30 in the afternoon I was approached b
officers from the Long Beach Police Department who entered through Willow Street
with their guns drawn and proceeded to arrest me at a legal marijuana dispensary in th
City of Long Beach. I stood by my right to remain silent as they took me to the back
door where the officers made a phone call. The conversation was about me and it
seemed as though someone had pointed me out. The detectives, in particular, had
claimed that I was going to be forced to sign a "stay away order" stating that I could
not be within 200 yard of a medical marijuana dispensary, implying that I had no
choice. At approximately 1:45, I was taken into jail where I spent the rest of the day
until my bail was paid and was not released until 10:20pm.
My experience was an unpleasant one, considering that my treatment was that of an
immoral criminal. I did not feel as though my punishment was justified and felt my
stay in jail was uncalled for. Furthermore, having a loaded weapon pointed in my fac
was completely uncalled for, especially since I did not have a weapon on me, nor did
resist arrest, or make any threatening gestures at anytime to any of the officers. The
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DECLARATION OF EDGAR SANCHEZ (APRIL, 2013) - 2
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situation could have been handled in a more professional matter without the
overabundance of loaded firearms.
I understand that there are some protocols to be followed, but given the compliant,
non-threatening nature of my/our reaction, the police, in my opinion overreacted and
put our safety and lives in danger.
I declare under penalty of perjury under the laws of the State of California and United
States that the aforementioned statement represents my personal knowledge and is tru
and correct.
EXECUTED this 23RD
day of April, 2013:
_____________________________________________
Edgar Sanchez
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EXHIBIT #52
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DECLARATION OF MCCABE KAINOA (APRIL, 2013) - 1
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DECLARATION OF MCCABE KAINOA
1. I, McCabe Kainoa, declare as follows:
2. I am a resident of Long Beach, CA.3. I am a volunteer at The Willow Collective located at 726 W. Willow St. Long Beach
Ca.
4. To whom it may concern, on April 11th, 2013, while I was outside in the front of the
collective talking with a patient's passenger from his car, I noticed in the corner of my eye
at least 6 police in raid gear and helmets. I immediately got on the radio to warn the
volunteers on the inside that we were about to get raided. After I shouted "raid raid raid!!
Were getting raided!" Into the radio I put my hands up and one of the cops had his gun in
my face and he said, "You think its real fuckin funny to warn them the boys are coming
dont you!" He then told me to get on the ground and as I was lowering to my knees he
kicks me in the back of my knee causing me to slam my knee on the ground and break
open the wound from a previous surgery on my leg. (See attached photos as further
exhibits A & B.) This wound would later get infected while I was in jail. He then said, "Pu
your chest on the ground and hands out in front of you," then he handcuffed me behind my
back and started violently ripping my belongings out of my pocket throwing them around
As he was doing that he was telling me Im going to spend the weekend in jail and Im
being charged with additional charges. At his point he stood next to me kicked me hard
into my upper thigh. The same officer then saw my car keys and said, "Oh you have a
Cadillac? How nice then he looked at his partner and yelled tow it!" Then looked at me an
smiled. Then I saw a man walking up to the shop with a confused look on his face and I
told him were getting raided not to go in and he smiled and pulled out a badge and said
"good job buddy for warning them we were coming, " and walked by me and slammed hi
hand on top of my head twice and said if I act like a donkey their going to treat me like a
donkey, thats why Im spending the most time in jail. He then walked in the collective an
the cop who first approached me and slammed me to the ground came back out as I was
now sitting on the concrete handcuffed and he was telling me Im going to be on a list to
not be allowed anywhere near a dispensary in long beach. Then another undercover came
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I
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DECLARATION OF MCCABE KAINOA (APRIL, 2013) - 3
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EXHIBITS A & B
Exhibit A photo was taken by a friend of mine on April 14th
Exhibit B photo was taken by a friend of mine on April 17th
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DECLARATION OF MCCABE KAINOA (APRIL, 2013) - 4
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MATTHEW S. PAPPASA T T O R N E Y
24611 SPADRA LANE(949) 371-7811 MISSION VIEJO, CA 92691 LEGAL ASSISTANT:
[email protected] DIVINA MAGARIFUCHI
August 24, 2010
VIA E-MAIL AND FIRST CLASS MAIL
Mr. Paul Violas
Attorney
100 Oceangate Ste 1200Long Beach, CA 90802
Re: Long Beach Medical Marijuana Ordinance 10-0007
Dear Paul:
Ive talked with my dad regarding the phone conversation he had with you last week. Several
months ago, I read a caustic unsolicited email sent by you to him.
First, my goal in regard to the medical marijuana issue is to ensure disabled and seriously ill
people who have been recommended medical marijuana by a physician have access to that
medication. While patients who have been prescribed drugs like Vicodin and Oxycontin are able tohave their prescriptions filled without worrying about police raids, arrests and inconsistent access,
medical marijuana patients are not so fortunate. Since 1996, medical marijuana patients have beenarrested, jailed, raided, and regularly worry about whether medication is available simply because
the medication they use is effective for them instead of more dangerous drugs. After nearly fifteen(15) years, these barriers continue to hamper patients. After countless legal and political efforts,
the disabled and seriously ill people who use medical marijuana to treat their conditions, many of
whom have, over the same period, died from cancer and other sicknesses, are still faced with policeraids, efforts by the cities to treat them differently, arrest, detainment, and a host of other obstacles.
Im writing because Im concerned about a comment you made to my dad in the abovereferenced phone conversation you had with him last week. Specifically, the comment that you
have contacts in City Hall and that you are not worried about eventual approval of your clients
application. Normally, I would not spend any time on the kind of baseless threats and commentshurled at me like those included in your first unsolicited email to my dad. I certainly think he
should have responded and I support his response -- especially in light of the threats of lawsuit and
State Bar complaints you included. Your attack and threats were certainly not the first Ive
received while working on behalf of the disabled and seriously ill. However, the comment youmade to my dad about having contacts in City Hall concerns me because there are thousands of
patients that belong to collectives that do not benefit from the type of special relationship
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Mr. Paul Violas
August 24, 2010Page Two
that apparently will ensure approval of your clients license application. I understand the vitriol
and positioning by attorneys that would prefer to maintain thestatus quo in order to keep extensive
and continuous medical marijuana related business flowing. I represent disabled plaintiffs in a case
that seeks to eliminate the vague rules and policies that provide this continuous flow of civil andcriminal cases for a number of lawyers. Naturally, those attorneys will do all they can to creatively
thwart our efforts and Im not going to deviate or lose focus as a result of rumors, attacks and
threats. However, if people have special political influence because of contacts or through othermechanisms, then it is not only appropriate but very necessary for me to address potential foul play.
If you are aware of any inappropriate influence peddling or special treatment by elected oradministrative officials, I believe you must notify state or federal authorities. If you are involved in
this kind of thing if the contacts are yours -- Im very concerned. On the other hand, there may
be some prohibition in terms of reporting because of the attorney-client privilege. Im researching
what my duties are in regard to this situation. It is very disconcerting that there is even anindication that something is awry in this area when such behavior affects people who are dying,
seriously ill or disabled.
Again, I am used to untrue statements made by people about me including rumors that I have
been disbarred twice, that I have been subject to continuous bar discipline, and that Ive been
disbarred in other states. Ive been subjected to attacks in the media alleging my clients case isfrivolous and that the subject matter was already decided many times. I have been threatened by
city politicians as well as by lawyers. I expect those kinds of comments, innuendo, threats and
rumors. I did not expect to hear that special political access is being used in a way that ensures one
group of patients will have access while other groups will be denied.
Please clarify what special access and relationships exist in City Hall that will ensure license
application approval?
Thank you for your attention to this matter.
Very truly yours