Butte County

[organic P]

y4p215, my buddy that got ran up on in yuba is out in smartsville. i think that is our lawyer btw. she got referred by zenia. she just had someone else call who got cited and it is $100 per plant per day.

edit: there was a story last year that a ranch in yuba dragged their feet after being fined for a couple weeks. they accrued fines over 100k it was a 72 plant garden

 

[tankerton]

y4p215, my buddy that got ran up on in yuba is out in smartsville. i think that is our lawyer btw. she got referred by zenia. she just had someone else call who got cited and it is $100 per plant per day.

edit: there was a story last year that a ranch in yuba dragged their feet after being fined for a couple weeks. they accrued fines over 100k it was a 72 plant garden

100 bucks your lawyer is that fucking crayon eating coolaid drinking ega loving hater heather burke. She sucks-------> hire charnel james
also bet you they haven't collected 100k fine. Scare tactics that the masses believe. I know charnel james didn't tell you she couldn't get you to harvest because she has gotten every single one of her clients in Butte to harvest.

 

[organic P]

yuba county

 

[tankerton]

Pretty sure all the growers in YUBA I've talked to are under the same impression as me but you could always try asking in the yuba thread.

 

[ButteCounty Guy]

When not passing draconian ordinances, Butte County Supervisors don't smoke pot, they drink cocktails. And when they run through the bushes, they don't get caught. http://www.orovillemr.com/general-n...dent-involving-butte-county-supervisors-truck

 

[ShadWdsFrms]

It sounds like Ramsey and Connelly were in cahoots on this one – For Connelly to not comment about the “incident” to the DA’s inquiry sounds really fishy. He’s a public official and his constituents were concerned - His silence speaks volumes both about his involvement in the incident and how seriously he cares for the people he’s supposed to represent!

Curious, why didn’t the deputies wait for Connelly to come home that night to test his soberness? Perhaps they got a call from the DA to lay off? Did mobile phone logs get checked? Was there a call between Bill to Mike that night? Frankly, someone should have investigated Bill’s socks and underwear the next day for stickers and foxtails! I hope he got a foxtail his you know what! Hypocrite!

Connelly wasted taxpayer’s money for this “incident” whether he’s guilty of something or not. And, since he’s an elected government official, he should have the decency and forthrightness to reimburse Oroville for the expenses. If it had been anyone else, there would have been a deeper dive into the “incident” and someone would be paying the price in one way or another.

 

[TriSierra]

When not passing draconian ordinances, Butte County Supervisors don't smoke pot, they drink cocktails. And when they run through the bushes, they don't get caught. http://www.orovillemr.com/general-n...dent-involving-butte-county-supervisors-truck

Time to recall Supervisor Bill Connelly.

 

[TriSierra]

L

 

[ButteCounty Guy]

I don't like crazy big grows, but this made me smile.

I don't like crazy big grows, but this made me smile.

Narcotics detectives serving a search warrant seized more than 1,100 marijuana plants from a property on the San Juan Ridge Tuesday, but made no arrests.
On Tuesday, members of the Nevada County Sheriff’s Narcotics Task Force served the search warrant, which was based on an overflight of a 40-acre property in the 15000 block of Mountain Springs Road on the San Juan Ridge, said Lt. Bill Smethers.
According to Smethers, narcotics officers had served a search warrant on the same property for marijuana in 2008, and the property owner had been cited in 2014 for having a grow out of compliance with the county’s cultivation ordinance.
When detectives arrived Tuesday, they located a small marijuana garden behind the property owner’s residence, Smethers said.
When asked abut the large grow on the back side of his property that had been observed from the air, he reportedly claimed he knew nothing about it.
He told them he had an easement off Silverthorne Lane that would provide access to that area, which was about 30 minutes by vehicle, and accompanied the detectives to the grow site, Smethers said.
The narcotics officers reportedly found a total of 1,170 marijuana plants on three tiered sites, with plants ranging from 5 feet to 12 feet tall, being grown in 100-pound camouflage grow bags.
“At that point, because the owner of the property said he knew nothing about the plants, they were eradicated,” Smethers said. “No charges have been filed because we have no proof of ownership.”

 

[CanniDo Cowboy]

Tehama, Butte & Shasta county powers-that-think-they-be - The dance has ended ya dickheads, time to pay the fiddler...



August 30, 2015
VIA U.S. MAIL, E-MAIL AND FACSIMILE
Shasta County Board of Supervisors 1450 Court St # 308B Redding, CA 96001
Re : Medical Marijuana Outdoor Cultivation Ban

Dear Board of Supervisor members:
It has come to my attention that the Shasta County Sheriff’s Department has been engaged in regular raids of outdoor medical marijuana cultivation sites following the passage of a county initiative banning the outdoor growing of marijuana. In any area not related to medical cannabis, counties and cities in California seem to generally understand the taking of a property right without compensation violates basic constitutional principles. Here, this previously conforming use by hundreds of cultivating patients that has been ongoing and allowed for many years has been deemed non-conforming. When a city or county makes non-conforming a previously conforming use of property, it must either pay compensation for the taking or provide amortization, normally two to three years, for the property owner. Goat Hill Tavern v. City of Costa Mesa (1992) 6 Cal.App.4th 1519. In this case, no such compensation has been offered nor has there been an adequate amortization period based on the recent passage of the code section in question. A similar issue to the one here has been previously determined by a federal court in
Santa Barbara Patients’ Collective Health Cooperative v. City of Santa Barbara (2010) 911 F.Supp.2d 884. In addition to the property right taking issue, the Sheriff’s Department has been engaged in these raids without warrants or with warrants that mislead the magistrates or judges signing them in order to show there is a felony taking place on the respective properties being raided. Indeed, the affiants swearing out these warrants are well-aware

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there is no probable cause to believe felonies are occurring. Moreover, the Sheriff’s reliance on a county ordinance that attempts to convey a right to enter onto property and search as well as seize property without a warrant is improper -- a county ordinance cannot override the state or federal constitutions. Each of the deputies swearing under penalty of perjury that they have basis to believe there is a felony afoot knowing there is not should be subject to perjury charges. Those deputies, the Sheriff and you know the activities on the properties are not felonious and you further know the Sheriff is enforcing a municipal code section that, at maximum, carries with it, upon conviction, a small fine and results in misdemeanor liability. Knowing this, the Sheriff has dispatched deputies in military gear carrying assault weapons who enter onto property with guns drawn as if a serious felony is in progress. In terms of these excessive force raids, Robinson v. Solano County (9th Cir. 2002) 278 F.3d 1007

Page 2
helps illustrate the principle that less serious crimes do not justify an officer’s display and pointing of a weapon absent an immediate threat. In that case, the police seized an apparently unarmed 64-year-old man, a retired police officer, at gunpoint. The former officer lived in a farmhouse on five acres of land and owned various livestock. He had apparently shot two dogs belonging to his neighbor after observing them attacking and killing livestock on his property, which was surrounded by a fence. He killed one dog and wounded the other and then went off his land with his shotgun looking for the wounded dog. When police came to his home later, he went out to talk with them while unarmed. He claimed he was calm but the officers reported he was agitated. He complied with their orders to put his hands up while an officer pointed his gun at him. Then an officer thrust his pointed gun within three or four feet of his head. The ex-officer was then handcuffed and placed in a police vehicle for a few minutes while officers talked to neighbors. The Ninth Circuit found that none of the factors justifying the use of force were present. The crime being investigated was “at most a misdemeanor,” and the suspect was apparently unarmed and approaching the officers peacefully. The court held the police officers used excessive force in violation of the Fourth Amendment by pointing the firearm at Robinson. Even more concerning are the warrant affidavits sworn out by deputies where they know there is no felony taking place on the property in question. “The Fourth Amendment is violated when a facially valid search warrant contains deliberate or reckless omissions of facts that tend to mislead.” Garcia v. County of Merced

Page 3

(9th Cir 2011) 639 F.3d 1206, 1212. “Just as the Fourth Amendment prohibits warrantless searches generally, so too does it prohibit a search conducted pursuant to an ill-begotten or otherwise invalid warrant.” Bravo v. City of Santa Maria (9th Cir 2011) 665 F.3d 1076, 1083. “Even when only a portion of a search warrant is invalid, the subject of the search suffers a constitutional violation.” Millender v. County of L.A. (9th Cir. 2010) 620 F.3d 1016, 1024 (en banc ). There is no basis for the continuing violation of these property owners’ rights. The plants that have been destroyed by the County are subject not only to equitable actions for replevin and compensation quantum valedum, but also for legal claims related to the vested rights of property owners who have had their previously established conforming use made non-conforming through legislative action. Likewise, the seizures by the Sheriff without warrants or based on warrants that are misleading or that recklessly omit facts have already and will continue to subject county taxpayers to significant pecuniary liability. To date, these takings exceed $20,000,000.00. I have further estimated damages for constitutional violations of property owners who have lost or sold their property based on the passage of your ban ordinance without compensation or amortization provisions to be as much or more. Recently, I’ve been at odds with the Santa Ana Police Department because of a totally inappropriate raid of the Sky High Holistic medical cannabis collective in that city. There, hundreds of thousands of dollars of property damage was done by officers for what was solely alleged violation of a local city ordinance that is the same in terms of severity and purpose as one requiring a permit for a sign. While I’ve filed cases against the City of Santa Ana in that case for compensation, your Sheriff recently requested military gear, including what looks to be a military tank, in addition to the assault weapons and military style tools he is already using, to further support an effort to enforce what is simply a municipal ordinance. There is no basis for the militarization of local police officers. It is only because this issue involves cannabis that deputies feel they are above the law and able to violate various provisions of the state and federal constitutions, use military style weapons, gear and tanks and violate the rights of citizens. The illegal actions of the Sheriff need to stop immediately. If they do not, it will be necessary for me to file an action in federal court to enjoin continuing and ongoing substantial state and federal constitutional violations taking place in Shasta County. Furthermore, this letter will serve as notice to you that I intend to file suit to seek

Page Four
damages for the taking and destruction of property. For every marijuana plant destroyed, the lawsuit will seek compensation at market prices for three (3) pounds of marijuana. Given the widespread destruction already done, “witch-hunt” like prosecutions being pursued with no basis and ongoing 42 U.S.C. § 1983 violations, the damages county taxpayers will be responsible to pay are massive. Since you have not offered or paid compensation after making a conforming use non-conforming under your law, a minimum three (3) year amortization period is also necessary and must be implemented immediately. Extended litigation will make compensating the people you have harmed even more costly for taxpayers. Should you have any questions or if you would like to discuss a resolution of this matter, please contact me at (949) 382-1485. I will be available to meet with members of the Board, citizens and public officials on September 15th and 16th. It is important the constitutional violations end immediately and that we work toward a resolution that will be less costly for taxpayers as well as fairly compensate those damaged by the County’s illegal actions.


Very truly yours,
Matthew S. Pappas - Civil Rights Attorney & Disability Advocate

cc: Sheriff, Shasta County Sheriff, Tehama County Sheriff, Butte County Sheriff

 

[ButteCounty Guy]

Traffic stops

Traffic stops

I've been told twice now that federal (forest service?) people were stopping cars at the suspension bridge turnout on Hywy 162 below Berry Creek. Pretty reliable people tell me that they had dogs, were looking into cars, and at about the same time a guy was pulled over for a taillight being out, but his taillights were working properly.

 

[Yes4Prop215]

i can confirm that something fishy is happening south of the bridge leading to berry creek. last thursday evening there were 4 white unmarked law enforcement vehicles staged at the forbestown/162 turnoff. Two white ford F series pickup trucks with zero markings, just white with black police bumpers and visible cops inside. Also two white crown victorias also with no markings. They didn't pull me over but it was definately a shock, and we heard similar things last year in the same area. they are trying to choke point berry creek because thats the only way in and out, the same stops were also reported on Lumpkin rd south of enterprise bridge the feather falls chokepoint. Be careful people! keep everything sealed and bring a dog in your car, and follow cars if possible. Take the backroads if possible.

 

[ApolloAK]

Saw this on Facebook today

"Well folks had a nightmare a week ago about code enforcement coming by my place and yesterday they showed up and told me I have till tomorrow to cut my plants down. I'm pissed heartbroken all at the same time. Worst feeling n the world cutting plants down that r close to being done but not quite ready. Hope no one else has this problem. FUCK YUBA COUNTY AND IT'S NEW COUNCIL MEMBER STARTING ALL THESE PROBLEMS"

"They're coming out to inspect tomorrow if I still have plants n the ground it's a $100 fine per plant per day plus a 400 registration fee"

 

[Yes4Prop215]

get those people to charnel ASAP they are intimidating people with the threat of fines when its not true. code enforcement said the same BS here in butte about charging people 1800 for the warrant etc and its not true. lawyer up and request the hearing.


code enforcement and SEU was deep this morning at lakeside market around 10am. multiple trucks, black vests and camo, and Snellings himself was present too. they came back on miners ranch from bangor area probably rechecking a few spots and raiding others.

Also i feel like some momentum is shifting against measure A right now at least within Butte County, People are not happy about the latest monetary figures released regarding them barely collecting 10% of their fines. Once the actual cost figures are released all hell will break lose.

Connely gave us a gift with his recent car accident incident, it might be possible to run a smear campaign against both him and wahl. Once growers get their harvests down we should donate towards some billboards or some mailers to start the education process. Once Yuba County gets its special election and lawsuit moving we can hire their political consultants and start in butte, i believe we have already retained a few of the key people.

Recall A is also gaining steam however its still in early stages and theres been some bickering in there about the low plant counts.

lets get these crops in, organize and fight back against this BS. we need to implore local journalists to investigate the measure A expenses. we need to flood BOS meetings and give them hell. we need to spread the message of how bad measure A has been to this county.

oh yeah, and major props to matthew papas for his lawsuits in shasta and tehama, that is great news and i hope it carries over to bite.

 

[CanniDo Cowboy]

Props - Pappas IS filing against Butte also. On another note, youre on the right track - "investigate the measure A expenses- That is the weakness and where the true madness lies. I have spent hours pouring over the Shasta County General Fund. It contains all marijuana task force spending ie: county building dept (code enforcement) and Sheriff budgets, coming from what is called the Miscellaneous General Fund..

According to what Im seeing, Shasta County has spent over $900,000 for the marijuana task force enforcement, eradications, nuisance abatement cleanup, xtra code and deputy officers etc, so far this year. Meanwhile, in the city of Redding, you can still grow up to 12 plants...WTF?

At one point, the budget shows the Shasta county code enforcement and the Sheriffs department splitting a $450,000 chunk drawn from the same Misc General Fund. So, even tho the Shasta Prop A is primarily a property code violation, the Sheriff in Shasta is grabbing an equal cut from the cash cow. That doesnt make sense...Not to mention the sheriff put in an order for a full arms equipped, gov surplus anti-mine 'tank". Sheriff Boshenko aka Buttstinko claims he needs it because the local growers "can be dangerous..." LOL

The pro-A dinks need to take a look at the General Fund spending- close to a million dollars spent. It doesnt take a certified accountant to see the taxpayers are getting hosed by an out of control local government where no one seems to know or care who's writing the checks and why...

If you read the article "Get Benno", the journalist R.V. Scheide is the guy who could dig into the county finances. He writes a lot of stuff about the mj scene and seems like a cool dude. Its the age old political approach - just "follow the money..." cc

 

[Sgtstadanko707]

Sitting at my buddies in Durham. Just had a low flyer do 3 circles and move on. You can tell he stopped at other gardens.

 

[Yes4Prop215]

great post cannido thanks for sharing, both yuba and butte have been looking for a good journalist to take up this cause and so far havent had much luck.

 

[Sunfire]

Saw this on Facebook today

"Well folks had a nightmare a week ago about code enforcement coming by my place and yesterday they showed up and told me I have till tomorrow to cut my plants down. I'm pissed heartbroken all at the same time. Worst feeling n the world cutting plants down that r close to being done but not quite ready. Hope no one else has this problem. FUCK YUBA COUNTY AND IT'S NEW COUNCIL MEMBER STARTING ALL THESE PROBLEMS"

"They're coming out to inspect tomorrow if I still have plants n the ground it's a $100 fine per plant per day plus a 400 registration fee"

California civil procedures codes. I posted them on this thread a while ago and somebody made a nice little flyer for people to print out and post. Brenda Linder is whooping ass in fresno about this stuff and charnel was originally a land use attorney and knows these codes inside and out.

That guy got dooped. Charnel will make em go away really fast and CE won't chop shot themselves cause they can't risk the lawsuit, yuba is poor as fuck. So they are trying Intimidation tactics but it's a joke if you push back, they will leave you alone for sure. Charnel works cheap too!

Here's the u tube video of pappas... https://youtu.be/YHWHsF2wSpU

 

[tankerton]

California civil procedures codes. I posted them on this thread a while ago and somebody made a nice little flyer for people to print out and post. Brenda Linder is whooping ass in fresno about this stuff and charnel was originally a land use attorney and knows these codes inside and out.

That guy got dooped. Charnel will make em go away really fast and CE won't chop shot themselves cause they can't risk the lawsuit, yuba is poor as fuck. So they are trying Intimidation tactics but it's a joke if you push back, they will leave you alone for sure. Charnel works cheap too!

Here's the u tube video of pappas... https://youtu.be/YHWHsF2wSpU

Actually I just got out of a meeting with her and Yuba is taking a much more aggressive approach and she is trying to slow the enforcement procedure in superior court. One interestig thing she told me tonight is that butte county isn't even following their own procedure and are skipping the citation appeal process and moving straight on to abatement hearings. She should have a ruling on the matter before the 29th.

 

[Sunfire]

Wait, what? More aggressive approach? Maybe she's talking about the few clients of hers that the county hasn't dropped. Furywall11 went through it all already, was a pretty huge joke from what he has told me. We are in court over the ordinance as a whole, not just the way it's being enforced. It's been extremely quiet on the streets and I havnt heard a single person talk about cards on gates or letters in the mail at any of the meetings for like 2 months now.

Hahahahaha and then I just now read prop's report in the yuba thread lmfao, oops! OK well that the first time I've heard of anything in a long time. I imagine neighborhoods are starting to stink nicely now. Smartsville has always been a hot spot, I'm sure there will be more choppers soon too. Net5 likes to get really active at the end of the season