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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Verizon \u003ca href=\"http://bit.ly/2NfatVy\" target=\"_blank\" rel=\"noopener\">‘throttled’ data speeds\u003c/a> for a crucial mobile command center last month, severely limiting firefighters’ ability to communicate during the Mendocino Complex fire.\u003c/p>\n\u003cp>According to Santa Clara Fire Capt. Justin Stockman, the internet service provider reduced data speeds to and from the mobile command center so much that their internet connection had “no meaningful functionality.”\u003c/p>\n\u003cp>The Santa Clara County Fire Department command vehicle relies on an internet connection to help perform its function as a communications hub for incident commanders.\u003c/p>\n\u003cp>Verizon says throttling internet service to emergency responders was a “mistake.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>As the blazes we now know as the Mendocino Complex roared to life last month, Santa Clara County firefighters sent to the scene found themselves facing an unexpected obstacle: Verizon, their internet service provider, imposed a drastic limit on data speeds to and from their crucial mobile command center.\u003c/p>\n\u003cp>The data “throttling,” \u003ca href=\"https://arstechnica.com/tech-policy/2018/08/verizon-throttled-fire-departments-unlimited-data-during-calif-wildfire/\" target=\"_blank\" rel=\"noopener\">first reported Tuesday\u003c/a> by the technology news site Ars Technica, forced Santa Clara County Fire Department firefighters to negotiate with Verizon for higher internet speeds while they tried to perform their intended function as a communications hub for incident commanders.\u003c/p>\n\u003cp>Verizon acknowledges that it limited data speeds to the command center, which was deployed to help fire commanders assign, track and communicate with firefighting forces. The company blames the issue on a “mistake” in communicating with the Fire Department and says full-speed access should have been restored because the agency was responding to an emergency.\u003c/p>\n\u003cp>The throttling came to light in \u003ca href=\"https://assets.documentcloud.org/documents/4780295/Declaration-of-Santa-Clara-County-Fire-Chief.pdf\" target=\"_blank\" rel=\"noopener\">a declaration\u003c/a> filed last Friday by Santa Clara County Fire Chief Anthony Bowden, written in support of \u003ca href=\"https://blog.mozilla.org/blog/2018/02/22/mozilla-v-fcc-mozilla-re-files-suit-fcc-protect-net-neutrality/\" target=\"_blank\" rel=\"noopener\">a lawsuit\u003c/a> seeking to restore internet neutrality rules repealed last year by the Federal Communications Commission.\u003c/p>\n\u003cp>Bowden wrote that Verizon’s throttling “has had a significant impact on our ability to provide emergency services. Verizon imposed these limitations despite being informed that throttling was actively impeding County Fire’s ability to provide crisis-response and essential emergency services.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Bowden’s declaration is accompanied by email messages between Santa Clara County Fire and Verizon in the early phases of the Ranch and River fires — which started in late July, grew quickly and forced thousands of people from their homes. Dubbed the Mendocino Complex, the blazes now rank as the largest wildfire in California history — with the Ranch Fire having consumed nearly 360,000 acres in four counties and the River Fire charring an additional 49,000 acres.\u003c/p>\n\u003cp>A Santa Clara County Fire Department command center vehicle had been deployed to the incident but experienced dramatic slowing in internet speeds compared to what firefighters were seeing on their own personal mobile phones. Data speeds for the command center’s net connection slowed to as little as 1/200th its normal rate.\u003c/p>\n\u003cp>That internet connection was so slow that Fire Capt. Justin Stockman reported to department officials “it has no meaningful functionality.”\u003c/p>\n\u003cp>The emails show firefighters alternately demanding and pleading for removal of the data throttling, and a Verizon customer representative suggesting that the department purchase a more expensive plan to ensure uninterrupted high-speed service.\u003c/p>\n\u003cp>“Remove any data throttling … effective immediately,” Dan Farrelly, a Fire Department IT officer, wrote to Verizon representative Silas Buss on the night of July 29.\u003c/p>\n\u003cp>The next morning, Farrelly emailed Buss again. “Please work with us,” he wrote. “All we need is a plan that does not offer throttling or caps of any kind.”\u003c/p>\n\u003cp>Buss responded by recommending that the department sign up for a new plan to replace one that allowed data transmission speeds to be dramatically reduced after 25 gigabytes had been used in a billing cycle.\u003c/p>\n\u003cp>“It’s $99.99 for the first 20GB and $8/GB thereafter,” Buss wrote. “To get the plan changed immediately, I would suggest calling in the plan change to our customer service team. … Let me know if you have any questions — I’ll be available by phone for at least the next hour or so.”\u003c/p>\n\u003cp>In statements issued to media outlets after the Ars Technica article appeared, Verizon disputed that the throttling issue had anything to do with net neutrality regulations. Instead, it said the issue involved “a mistake in how we communicated with our customer about the terms of its plan.”\u003c/p>\n\u003cp>The company also acknowledged another mistake.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Regardless of the plan emergency responders choose, we have a practice to remove data speed restrictions when contacted in emergency situations,” the company’s statement said. “We have done that many times, including for emergency personnel responding to these tragic fires. In this situation, we should have lifted the speed restriction when our customer reached out to us. This was a customer support mistake. We are reviewing the situation and will fix any issues going forward.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>As the blazes we now know as the Mendocino Complex roared to life last month, Santa Clara County firefighters sent to the scene found themselves facing an unexpected obstacle: Verizon, their internet service provider, imposed a drastic limit on data speeds to and from their crucial mobile command center.\u003c/p>\n\u003cp>The data “throttling,” \u003ca href=\"https://arstechnica.com/tech-policy/2018/08/verizon-throttled-fire-departments-unlimited-data-during-calif-wildfire/\" target=\"_blank\" rel=\"noopener\">first reported Tuesday\u003c/a> by the technology news site Ars Technica, forced Santa Clara County Fire Department firefighters to negotiate with Verizon for higher internet speeds while they tried to perform their intended function as a communications hub for incident commanders.\u003c/p>\n\u003cp>Verizon acknowledges that it limited data speeds to the command center, which was deployed to help fire commanders assign, track and communicate with firefighting forces. The company blames the issue on a “mistake” in communicating with the Fire Department and says full-speed access should have been restored because the agency was responding to an emergency.\u003c/p>\n\u003cp>The throttling came to light in \u003ca href=\"https://assets.documentcloud.org/documents/4780295/Declaration-of-Santa-Clara-County-Fire-Chief.pdf\" target=\"_blank\" rel=\"noopener\">a declaration\u003c/a> filed last Friday by Santa Clara County Fire Chief Anthony Bowden, written in support of \u003ca href=\"https://blog.mozilla.org/blog/2018/02/22/mozilla-v-fcc-mozilla-re-files-suit-fcc-protect-net-neutrality/\" target=\"_blank\" rel=\"noopener\">a lawsuit\u003c/a> seeking to restore internet neutrality rules repealed last year by the Federal Communications Commission.\u003c/p>\n\u003cp>Bowden wrote that Verizon’s throttling “has had a significant impact on our ability to provide emergency services. Verizon imposed these limitations despite being informed that throttling was actively impeding County Fire’s ability to provide crisis-response and essential emergency services.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Bowden’s declaration is accompanied by email messages between Santa Clara County Fire and Verizon in the early phases of the Ranch and River fires — which started in late July, grew quickly and forced thousands of people from their homes. Dubbed the Mendocino Complex, the blazes now rank as the largest wildfire in California history — with the Ranch Fire having consumed nearly 360,000 acres in four counties and the River Fire charring an additional 49,000 acres.\u003c/p>\n\u003cp>A Santa Clara County Fire Department command center vehicle had been deployed to the incident but experienced dramatic slowing in internet speeds compared to what firefighters were seeing on their own personal mobile phones. Data speeds for the command center’s net connection slowed to as little as 1/200th its normal rate.\u003c/p>\n\u003cp>That internet connection was so slow that Fire Capt. Justin Stockman reported to department officials “it has no meaningful functionality.”\u003c/p>\n\u003cp>The emails show firefighters alternately demanding and pleading for removal of the data throttling, and a Verizon customer representative suggesting that the department purchase a more expensive plan to ensure uninterrupted high-speed service.\u003c/p>\n\u003cp>“Remove any data throttling … effective immediately,” Dan Farrelly, a Fire Department IT officer, wrote to Verizon representative Silas Buss on the night of July 29.\u003c/p>\n\u003cp>The next morning, Farrelly emailed Buss again. “Please work with us,” he wrote. “All we need is a plan that does not offer throttling or caps of any kind.”\u003c/p>\n\u003cp>Buss responded by recommending that the department sign up for a new plan to replace one that allowed data transmission speeds to be dramatically reduced after 25 gigabytes had been used in a billing cycle.\u003c/p>\n\u003cp>“It’s $99.99 for the first 20GB and $8/GB thereafter,” Buss wrote. “To get the plan changed immediately, I would suggest calling in the plan change to our customer service team. … Let me know if you have any questions — I’ll be available by phone for at least the next hour or so.”\u003c/p>\n\u003cp>In statements issued to media outlets after the Ars Technica article appeared, Verizon disputed that the throttling issue had anything to do with net neutrality regulations. Instead, it said the issue involved “a mistake in how we communicated with our customer about the terms of its plan.”\u003c/p>\n\u003cp>The company also acknowledged another mistake.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>“Regardless of the plan emergency responders choose, we have a practice to remove data speed restrictions when contacted in emergency situations,” the company’s statement said. “We have done that many times, including for emergency personnel responding to these tragic fires. In this situation, we should have lifted the speed restriction when our customer reached out to us. This was a customer support mistake. We are reviewing the situation and will fix any issues going forward.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Rohnert Park Police Chief to Retire Amid Questions Over Seized Marijuana and Cash",
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"content": "\u003cp>Brian Masterson, who has served as the director of Rohnert Park’s Public Safety Department for nearly a decade, is retiring next month. In an email to city staff earlier this week, he wrote that it was a difficult decision, but that he and his wife want to spend more time traveling and with their family.\u003c/p>\n\u003cp>“While I will say the last 10 years have not been easy,” Masterson wrote. “They have been challenging as well as rewarding and we have accomplished many things together to improve the quality of life for our residents here in Rohnert Park.”\u003c/p>\n\u003cp>Masterson’s announcement comes as his department faces increasing \u003ca href=\"http://www.pressdemocrat.com/opinion/8530723-181/pd-editorial-rohnert-park-must\" target=\"_blank\" rel=\"noopener noreferrer\">scrutiny\u003c/a> over an asset and marijuana seizure program. In April, the city launched an internal investigation into a \u003ca href=\"http://kymkemp.com/2018/04/26/rohnert-park-police-officers-being-investigated-following-two-incidents-where-humboldt-county-cannabis-was-seized-under-suspicious-circumstances/\" target=\"_blank\" rel=\"noopener noreferrer\">suspicious traffic stop\u003c/a> that took place in December. Two officers, Sgt. Jacy Tatum and his partner, Joseph Huffaker, were placed on leave.\u003c/p>\n\u003cp>In June, KQED \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener noreferrer\">reported\u003c/a> about a series of questionable seizures made by Rohnert Park Public Safety officers during traffic stops conducted 40 miles north of the city along Highway 101. Then on June 22, Assistant City Manager Don Schwartz told KQED that Tatum was no longer employed by the city.\u003c/p>\n\u003cp>In the letter announcing his resignation, Masterson did not directly address the internal investigation or the scrutiny of his department.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“There are many challenges ahead but I know that ... the leadership of the City Council and our City Manager will see us through,” he wrote. “I feel fortunate and blessed to have served with all of you and the members of Public Safety.”\u003c/p>\n\u003cp>Masterson did not reply to KQED’s request for comment.\u003c/p>\n\u003cp>Rohnert Park City Councilman Jake Mackenzie said he takes the public safety director's retirement announcement at face value, and that he is sorry that Masterson will no longer be heading the city’s police force. Mackenzie would not comment on the internal investigation or the aggressive asset seizure program that pulled in more than \u003ca href=\"https://oag.ca.gov/sites/all/files/agweb/pdfs/publications/asset_forf/2016-af/2016-af.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">$1 million\u003c/a> in 2015 and 2016 for the city’s Public Safety Department.\u003c/p>\n\u003cp>“This is a matter that will be discussed in closed session at some point in time. It's a matter that is the responsibility of the city manager and the city attorney,” Mackenzie said. “And while the city may eventually, you know, have to deal with legal matters, at the moment that is not something that I can comment about.”\u003c/p>\n\u003cp>City Manager Darrin Jenkins did not respond to KQED’s request for an interview, but in an email he did commend Masterson for his service to the city.\u003c/p>\n\u003cp>“During his time here we achieved the lowest crime rates in the modern history of the City, successfully mitigated the impacts of the opening of a nearby casino, grew the city's traffic enforcement unit, created a community oriented problem solving unit, implemented body worn cameras, upgraded our fire and police vehicles, and brought crime analysis and data based policing to our agency,” he wrote.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Jenkins wrote he would be hiring an interim director while the city begins the recruiting process for a new person to head the department.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Brian Masterson, who has served as the director of Rohnert Park’s Public Safety Department for nearly a decade, is retiring next month. In an email to city staff earlier this week, he wrote that it was a difficult decision, but that he and his wife want to spend more time traveling and with their family.\u003c/p>\n\u003cp>“While I will say the last 10 years have not been easy,” Masterson wrote. “They have been challenging as well as rewarding and we have accomplished many things together to improve the quality of life for our residents here in Rohnert Park.”\u003c/p>\n\u003cp>Masterson’s announcement comes as his department faces increasing \u003ca href=\"http://www.pressdemocrat.com/opinion/8530723-181/pd-editorial-rohnert-park-must\" target=\"_blank\" rel=\"noopener noreferrer\">scrutiny\u003c/a> over an asset and marijuana seizure program. In April, the city launched an internal investigation into a \u003ca href=\"http://kymkemp.com/2018/04/26/rohnert-park-police-officers-being-investigated-following-two-incidents-where-humboldt-county-cannabis-was-seized-under-suspicious-circumstances/\" target=\"_blank\" rel=\"noopener noreferrer\">suspicious traffic stop\u003c/a> that took place in December. Two officers, Sgt. Jacy Tatum and his partner, Joseph Huffaker, were placed on leave.\u003c/p>\n\u003cp>In June, KQED \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener noreferrer\">reported\u003c/a> about a series of questionable seizures made by Rohnert Park Public Safety officers during traffic stops conducted 40 miles north of the city along Highway 101. Then on June 22, Assistant City Manager Don Schwartz told KQED that Tatum was no longer employed by the city.\u003c/p>\n\u003cp>In the letter announcing his resignation, Masterson did not directly address the internal investigation or the scrutiny of his department.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“There are many challenges ahead but I know that ... the leadership of the City Council and our City Manager will see us through,” he wrote. “I feel fortunate and blessed to have served with all of you and the members of Public Safety.”\u003c/p>\n\u003cp>Masterson did not reply to KQED’s request for comment.\u003c/p>\n\u003cp>Rohnert Park City Councilman Jake Mackenzie said he takes the public safety director's retirement announcement at face value, and that he is sorry that Masterson will no longer be heading the city’s police force. Mackenzie would not comment on the internal investigation or the aggressive asset seizure program that pulled in more than \u003ca href=\"https://oag.ca.gov/sites/all/files/agweb/pdfs/publications/asset_forf/2016-af/2016-af.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">$1 million\u003c/a> in 2015 and 2016 for the city’s Public Safety Department.\u003c/p>\n\u003cp>“This is a matter that will be discussed in closed session at some point in time. It's a matter that is the responsibility of the city manager and the city attorney,” Mackenzie said. “And while the city may eventually, you know, have to deal with legal matters, at the moment that is not something that I can comment about.”\u003c/p>\n\u003cp>City Manager Darrin Jenkins did not respond to KQED’s request for an interview, but in an email he did commend Masterson for his service to the city.\u003c/p>\n\u003cp>“During his time here we achieved the lowest crime rates in the modern history of the City, successfully mitigated the impacts of the opening of a nearby casino, grew the city's traffic enforcement unit, created a community oriented problem solving unit, implemented body worn cameras, upgraded our fire and police vehicles, and brought crime analysis and data based policing to our agency,” he wrote.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Jenkins wrote he would be hiring an interim director while the city begins the recruiting process for a new person to head the department.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>This post contains a correction.\u003c/em>\u003c/p>\n\u003cp>[dropcap]D[/dropcap]ocumentation for the destruction of about 800 pounds of marijuana seized by Rohnert Park Department of Public Safety officers in recent years is missing from court files, KQED has found, despite the officers writing in police reports that the court ordered the evidence destroyed.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">‘Highway Robbery’: Drivers Allege Rohnert Park Police Illegally Seized Cannabis, Cash\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31344_IMG_3493-qut.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">Nine drivers and several attorneys say Rohnert Park police officers have repeatedly conducted questionable traffic stops and illegally seized cash and marijuana.\u003c/p>\n\u003c/aside>\n\u003cp>Rohnert Park has released 40 police reports involving traffic stops by former police Sgt. Jacy Tatum and his partners Matthew Snodgrass and Joseph Huffaker in response to a public records request. KQED requested the reports after nine drivers came forward with accounts of \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">questionable stops\u003c/a> and seizures along Highway 101 involving Rohnert Park police officers. The city plans to release more incident reports on a rolling basis.\u003c/p>\n\u003cp>Jacy Tatum no longer works for the city of Rohnert Park, Assistant City Manager Don Schwartz said on June 22. Huffaker still works for the city.\u003c/p>\n\u003cp>The incident reports show that Tatum and his partners were responsible for seizing hundreds of pounds of marijuana during the traffic stops. The city awarded Tatum for this work in 2015. Police and court records indicate he was given a wide latitude to conduct drug and cash seizures with little oversight.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>For example, on Halloween in 2016, Tatum and Huffaker made a standard stop, pulling over a man from Woodland Hills for not having his headlights on in the rain. Huffaker wrote in the report that he smelled marijuana and then searched the vehicle.\u003c/p>\n\u003cp>“Inside the trunk were four large black garbage bags. Each bag was filled with one pound bags of processed marijuana. There was also approximately 17 lbs of processed marijuana in one pound bags loose in the trunk,” Huffaker wrote in the report. Tatum and Huffaker seized a total of 100 pounds of marijuana in that stop.\u003c/p>\n\u003cp>A 10-pound sample was booked into evidence, Huffaker wrote, and he drafted a destruction order for the remaining 90 pounds.\u003c/p>\n\u003cp>[dropcap]D[/dropcap]estruction orders are supposed to be filed with Sonoma County Superior Court, according to Rohnert Park Property Unit Supervisor Christine Giordano. \u003ca href=\"http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11479.&lawCode=HSC\" target=\"_blank\" rel=\"noopener\">State law\u003c/a> requires that law enforcement file an affidavit with the court within 30 days of destruction.\u003c/p>\n\u003cp>But a review of all destruction orders filed with the court from 2014 to 2018 found no destruction orders or affidavits that match the amount, the case number or the driver in the 2016 Halloween traffic stop. Destruction orders were missing in at least six other cases.\u003c/p>\n\u003cfigure id=\"attachment_11678169\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11678169\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-1200x800.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-1920x1280.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-1180x787.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-960x640.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-240x160.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-375x250.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-520x347.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556.jpg 1980w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Highway 101 near Cloverdale. \u003ccite>(Adam Grossberg/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Schwartz, the assistant city manager, wouldn’t clarify the destruction procedures of the Rohnert Park Department of Public Safety or explain what happened to the approximately 800 pounds of seized cannabis that was purportedly destroyed but not documented.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">\u003cstrong>‘Use every tool you have, we don’t play fair….We play to win!!’\u003c/strong>\u003c/span>\u003ccite>Jacy Tatum,\u003cbr>\nFormer Rohnert Park Department of Public Safety sergeant\u003c/cite>\u003c/aside>\n\u003cp>Schwartz said he couldn’t comment on the missing destruction orders because they could relate to an ongoing internal investigation into Tatum and Huffaker, which the city launched around April of this year.\u003c/p>\n\u003cp>Justin Buffington, an attorney who represents Tatum and Huffaker, did not respond to multiple requests for comment on this story.\u003c/p>\n\u003cp>Attorney Joe Russoniello, who used to be an FBI agent and U.S. attorney for the Northern District of California, said it is the responsibility of the police department’s hierarchy to make sure that there is legitimate oversight.\u003c/p>\n\u003cp>“There is a code of silence, of course, which is an impediment to this kind of responsibility and responsiveness,” Russoniello said. “And of course the regular troops on the ground are only as good as their leaders are.”\u003c/p>\n\u003cp>[dropcap]T[/dropcap]atum has a history of tension with Rohnert Park Department of Public Safety Chief Brian Masterson, court records show. He successfully fought attempted discipline in 2009 for failing to register an assault rifle with the state Department of Justice.\u003c/p>\n\u003cp>Tatum then sued the chief alleging racial discrimination in 2012. Tatum is African-American.\u003c/p>\n\u003cfigure id=\"attachment_11678171\" class=\"wp-caption alignright\" style=\"max-width: 473px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11678171\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/tatum-screenshot.jpg\" alt=\"Screenshot of Rohnert Park police Sgt. Jacy Tatum being recognized by the City Council for his work on drug seizures in 2015.\" width=\"473\" height=\"342\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/tatum-screenshot.jpg 473w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/tatum-screenshot-160x116.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/tatum-screenshot-240x174.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/tatum-screenshot-375x271.jpg 375w\" sizes=\"(max-width: 473px) 100vw, 473px\">\u003cfigcaption class=\"wp-caption-text\">Screen shot of Rohnert Park police Sgt. Jacy Tatum being recognized by the City Council for his work on drug seizures in 2015.\u003c/figcaption>\u003c/figure>\n\u003cp>The lawsuit alleged Tatum was unfairly passed over to become a training officer. It cites responses from supervisors who questioned his judgment and “willingness to set the best example” after Tatum sent an \u003ca href=\"https://www.documentcloud.org/documents/4486451-TatumSuitCombined.html\" target=\"_blank\" rel=\"noopener\">email\u003c/a> to the entire Department of Public Safety and City Council with some thoughts on police tactics.\u003c/p>\n\u003cp>“Use every tool you have, we don’t play fair….We play to win!!” the email says in part. “When I became a police officer I promised to be honest and protect not only the public, who hates us most of the time until they need us, but to protect the other officers out there protecting society.”\u003c/p>\n\u003cp>Tatum was promoted to sergeant in 2015.\u003c/p>\n\u003cp>In some cases, Rohnert Park Public Safety officers did file destruction orders with the court. But those, too, raise questions about internal oversight of Tatum and the department’s drug interdiction work.\u003c/p>\n\u003cp>The department gave Tatum the responsibility for seizing and destroying large amounts of marijuana. In 2016 and 2017, about 720 pounds of marijuana was released to Tatum for disposal, according to destruction orders filed with the court.\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-medium wp-image-11678130\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/Doc-3-800x190.jpg\" alt=\"\" width=\"800\" height=\"190\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-800x190.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-160x38.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-1020x242.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-1200x285.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-1920x456.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-1180x280.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-960x228.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-240x57.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-375x89.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-520x123.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3.jpg 1980w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>[dropcap]T[/dropcap]atum and Huffaker are currently under investigation by Rohnert Park for their involvement in a suspicious marijuana seizure on Dec. 5, 2017. But the city had \u003ca href=\"https://www.documentcloud.org/documents/4521930-Letter-2to-RhonertParkPD-amp-DA.html\" target=\"_blank\" rel=\"noopener\">notice\u003c/a> of at least one other questionable marijuana seizure by the two a year earlier.\u003c/p>\n\u003cp>The officers seized 47 pounds of medical cannabis from Huedell Freeman during a traffic stop on Dec. 29, 2016.\u003c/p>\n\u003cp>Freeman’s lawyer, Hannah Nelson, followed up with the department a few days later by phone and \u003ca href=\"https://www.documentcloud.org/documents/4499501-Nelson-Letter.html\" target=\"_blank\" rel=\"noopener\">email\u003c/a> asking that the cannabis, worth a year of income to Freeman, be returned to him as soon as possible.\u003c/p>\n\u003cp>“Officer Huffaker informed me [in a phone call] that he had all but 10 pounds of the medicine destroyed,” Nelson wrote in a follow-up email to the department on Jan. 5, 2017. “He also informed me that I would have to wait to receive discovery to obtain the details of his reasoning or justification. He additionally stated that I would have to subpoena the destruction order and department policies concerning confiscation and destruction of medical cannabis when I asked for both.”\u003c/p>\n\u003cp>Destruction of Freeman’s cannabis was also counter to Rohnert Park Department of Public Safety \u003ca href=\"https://www.documentcloud.org/documents/4567834-RELEASE-20170208-T094821-Rohnert-Park-Department.html\" target=\"_blank\" rel=\"noopener\">policy\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>The Property Unit Supervisor should ensure that marijuana, drug paraphernalia or other related property seized from a person engaged or assisting in the use of medical marijuana is not destroyed pending any charges and without a court order.\u003cbr>\n \u003cbr>\nUpon the prosecutor’s decision to forgo prosecution, or the dismissal of charges or an acquittal, the Property Unit Supervisor should, as soon as practicable, return to the person from whom it was seized any usable medical marijuana, plants, drug paraphernalia or other related property.\u003c/p>\u003c/blockquote>\n\u003cp>That protocol was not followed in Freeman’s case. His marijuana was not returned. The court has no record of a destruction order. No charges were ever filed.\u003c/p>\n\u003cp>Freeman filed a \u003ca href=\"https://www.documentcloud.org/documents/4499505-TortClaimFiling.html\" rel=\"noopener\" target=\"_blank\">claim\u003c/a> with the city last year for the value of his seized property, but his claim was denied. Now, more than a year and a half after the traffic stop, Nelson said she still doesn’t know if Freeman’s cannabis was actually destroyed or not.\u003c/p>\n\u003cp>\u003cem>Correction: KQED learned after publication that Rohnert Park police requested prosecutors file charges against Huedell Freeman. This post has been edited to reflect the new information.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This story was reported in collaboration with the North Coast Journal.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>This post contains a correction.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">D\u003c/span>\u003c/p>\u003cp>ocumentation for the destruction of about 800 pounds of marijuana seized by Rohnert Park Department of Public Safety officers in recent years is missing from court files, KQED has found, despite the officers writing in police reports that the court ordered the evidence destroyed.\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">‘Highway Robbery’: Drivers Allege Rohnert Park Police Illegally Seized Cannabis, Cash\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">\u003cimg decoding=\"async\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31344_IMG_3493-qut.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">Nine drivers and several attorneys say Rohnert Park police officers have repeatedly conducted questionable traffic stops and illegally seized cash and marijuana.\u003c/p>\n\u003c/aside>\n\u003cp>Rohnert Park has released 40 police reports involving traffic stops by former police Sgt. Jacy Tatum and his partners Matthew Snodgrass and Joseph Huffaker in response to a public records request. KQED requested the reports after nine drivers came forward with accounts of \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">questionable stops\u003c/a> and seizures along Highway 101 involving Rohnert Park police officers. The city plans to release more incident reports on a rolling basis.\u003c/p>\n\u003cp>Jacy Tatum no longer works for the city of Rohnert Park, Assistant City Manager Don Schwartz said on June 22. Huffaker still works for the city.\u003c/p>\n\u003cp>The incident reports show that Tatum and his partners were responsible for seizing hundreds of pounds of marijuana during the traffic stops. The city awarded Tatum for this work in 2015. Police and court records indicate he was given a wide latitude to conduct drug and cash seizures with little oversight.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>For example, on Halloween in 2016, Tatum and Huffaker made a standard stop, pulling over a man from Woodland Hills for not having his headlights on in the rain. Huffaker wrote in the report that he smelled marijuana and then searched the vehicle.\u003c/p>\n\u003cp>“Inside the trunk were four large black garbage bags. Each bag was filled with one pound bags of processed marijuana. There was also approximately 17 lbs of processed marijuana in one pound bags loose in the trunk,” Huffaker wrote in the report. Tatum and Huffaker seized a total of 100 pounds of marijuana in that stop.\u003c/p>\n\u003cp>A 10-pound sample was booked into evidence, Huffaker wrote, and he drafted a destruction order for the remaining 90 pounds.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">D\u003c/span>\u003c/p>\u003cp>estruction orders are supposed to be filed with Sonoma County Superior Court, according to Rohnert Park Property Unit Supervisor Christine Giordano. \u003ca href=\"http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11479.&lawCode=HSC\" target=\"_blank\" rel=\"noopener\">State law\u003c/a> requires that law enforcement file an affidavit with the court within 30 days of destruction.\u003c/p>\n\u003cp>But a review of all destruction orders filed with the court from 2014 to 2018 found no destruction orders or affidavits that match the amount, the case number or the driver in the 2016 Halloween traffic stop. Destruction orders were missing in at least six other cases.\u003c/p>\n\u003cfigure id=\"attachment_11678169\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11678169\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-800x533.jpg\" alt=\"\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-1200x800.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-1920x1280.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-1180x787.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-960x640.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-240x160.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-375x250.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556-520x347.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31346_IMG_3556.jpg 1980w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Highway 101 near Cloverdale. \u003ccite>(Adam Grossberg/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Schwartz, the assistant city manager, wouldn’t clarify the destruction procedures of the Rohnert Park Department of Public Safety or explain what happened to the approximately 800 pounds of seized cannabis that was purportedly destroyed but not documented.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">\u003cstrong>‘Use every tool you have, we don’t play fair….We play to win!!’\u003c/strong>\u003c/span>\u003ccite>Jacy Tatum,\u003cbr>\nFormer Rohnert Park Department of Public Safety sergeant\u003c/cite>\u003c/aside>\n\u003cp>Schwartz said he couldn’t comment on the missing destruction orders because they could relate to an ongoing internal investigation into Tatum and Huffaker, which the city launched around April of this year.\u003c/p>\n\u003cp>Justin Buffington, an attorney who represents Tatum and Huffaker, did not respond to multiple requests for comment on this story.\u003c/p>\n\u003cp>Attorney Joe Russoniello, who used to be an FBI agent and U.S. attorney for the Northern District of California, said it is the responsibility of the police department’s hierarchy to make sure that there is legitimate oversight.\u003c/p>\n\u003cp>“There is a code of silence, of course, which is an impediment to this kind of responsibility and responsiveness,” Russoniello said. “And of course the regular troops on the ground are only as good as their leaders are.”\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">T\u003c/span>\u003c/p>\u003cp>atum has a history of tension with Rohnert Park Department of Public Safety Chief Brian Masterson, court records show. He successfully fought attempted discipline in 2009 for failing to register an assault rifle with the state Department of Justice.\u003c/p>\n\u003cp>Tatum then sued the chief alleging racial discrimination in 2012. Tatum is African-American.\u003c/p>\n\u003cfigure id=\"attachment_11678171\" class=\"wp-caption alignright\" style=\"max-width: 473px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11678171\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/tatum-screenshot.jpg\" alt=\"Screenshot of Rohnert Park police Sgt. Jacy Tatum being recognized by the City Council for his work on drug seizures in 2015.\" width=\"473\" height=\"342\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/tatum-screenshot.jpg 473w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/tatum-screenshot-160x116.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/tatum-screenshot-240x174.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/tatum-screenshot-375x271.jpg 375w\" sizes=\"(max-width: 473px) 100vw, 473px\">\u003cfigcaption class=\"wp-caption-text\">Screen shot of Rohnert Park police Sgt. Jacy Tatum being recognized by the City Council for his work on drug seizures in 2015.\u003c/figcaption>\u003c/figure>\n\u003cp>The lawsuit alleged Tatum was unfairly passed over to become a training officer. It cites responses from supervisors who questioned his judgment and “willingness to set the best example” after Tatum sent an \u003ca href=\"https://www.documentcloud.org/documents/4486451-TatumSuitCombined.html\" target=\"_blank\" rel=\"noopener\">email\u003c/a> to the entire Department of Public Safety and City Council with some thoughts on police tactics.\u003c/p>\n\u003cp>“Use every tool you have, we don’t play fair….We play to win!!” the email says in part. “When I became a police officer I promised to be honest and protect not only the public, who hates us most of the time until they need us, but to protect the other officers out there protecting society.”\u003c/p>\n\u003cp>Tatum was promoted to sergeant in 2015.\u003c/p>\n\u003cp>In some cases, Rohnert Park Public Safety officers did file destruction orders with the court. But those, too, raise questions about internal oversight of Tatum and the department’s drug interdiction work.\u003c/p>\n\u003cp>The department gave Tatum the responsibility for seizing and destroying large amounts of marijuana. In 2016 and 2017, about 720 pounds of marijuana was released to Tatum for disposal, according to destruction orders filed with the court.\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"alignnone size-medium wp-image-11678130\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/Doc-3-800x190.jpg\" alt=\"\" width=\"800\" height=\"190\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-800x190.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-160x38.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-1020x242.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-1200x285.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-1920x456.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-1180x280.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-960x228.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-240x57.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-375x89.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3-520x123.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Doc-3.jpg 1980w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">T\u003c/span>\u003c/p>\u003cp>atum and Huffaker are currently under investigation by Rohnert Park for their involvement in a suspicious marijuana seizure on Dec. 5, 2017. But the city had \u003ca href=\"https://www.documentcloud.org/documents/4521930-Letter-2to-RhonertParkPD-amp-DA.html\" target=\"_blank\" rel=\"noopener\">notice\u003c/a> of at least one other questionable marijuana seizure by the two a year earlier.\u003c/p>\n\u003cp>The officers seized 47 pounds of medical cannabis from Huedell Freeman during a traffic stop on Dec. 29, 2016.\u003c/p>\n\u003cp>Freeman’s lawyer, Hannah Nelson, followed up with the department a few days later by phone and \u003ca href=\"https://www.documentcloud.org/documents/4499501-Nelson-Letter.html\" target=\"_blank\" rel=\"noopener\">email\u003c/a> asking that the cannabis, worth a year of income to Freeman, be returned to him as soon as possible.\u003c/p>\n\u003cp>“Officer Huffaker informed me [in a phone call] that he had all but 10 pounds of the medicine destroyed,” Nelson wrote in a follow-up email to the department on Jan. 5, 2017. “He also informed me that I would have to wait to receive discovery to obtain the details of his reasoning or justification. He additionally stated that I would have to subpoena the destruction order and department policies concerning confiscation and destruction of medical cannabis when I asked for both.”\u003c/p>\n\u003cp>Destruction of Freeman’s cannabis was also counter to Rohnert Park Department of Public Safety \u003ca href=\"https://www.documentcloud.org/documents/4567834-RELEASE-20170208-T094821-Rohnert-Park-Department.html\" target=\"_blank\" rel=\"noopener\">policy\u003c/a>:\u003c/p>\n\u003cblockquote>\u003cp>The Property Unit Supervisor should ensure that marijuana, drug paraphernalia or other related property seized from a person engaged or assisting in the use of medical marijuana is not destroyed pending any charges and without a court order.\u003cbr>\n \u003cbr>\nUpon the prosecutor’s decision to forgo prosecution, or the dismissal of charges or an acquittal, the Property Unit Supervisor should, as soon as practicable, return to the person from whom it was seized any usable medical marijuana, plants, drug paraphernalia or other related property.\u003c/p>\u003c/blockquote>\n\u003cp>That protocol was not followed in Freeman’s case. His marijuana was not returned. The court has no record of a destruction order. No charges were ever filed.\u003c/p>\n\u003cp>Freeman filed a \u003ca href=\"https://www.documentcloud.org/documents/4499505-TortClaimFiling.html\" rel=\"noopener\" target=\"_blank\">claim\u003c/a> with the city last year for the value of his seized property, but his claim was denied. Now, more than a year and a half after the traffic stop, Nelson said she still doesn’t know if Freeman’s cannabis was actually destroyed or not.\u003c/p>\n\u003cp>\u003cem>Correction: KQED learned after publication that Rohnert Park police requested prosecutors file charges against Huedell Freeman. This post has been edited to reflect the new information.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This story was reported in collaboration with the North Coast Journal.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"slug": "highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash",
"title": "‘Highway Robbery’: Drivers Allege Rohnert Park Police Illegally Seized Cannabis, Cash",
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"headTitle": "‘Highway Robbery’: Drivers Allege Rohnert Park Police Illegally Seized Cannabis, Cash | KQED",
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"content": "\u003cp>\u003cem>Updated July 3, 2018 at 11:30 a.m.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story was reported in collaboration with the \u003ca href=\"https://www.northcoastjournal.com/NewsBlog/archives/2018/06/09/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">North Coast Journal\u003c/a> and independent reporter \u003ca href=\"http://kymkemp.com/2018/06/09/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash/\" target=\"_blank\" rel=\"noopener\">Kym Kemp\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>Huedell Freeman was heading south on Highway 101 through Cloverdale and was just over the Sonoma County line when he said a police squad car flipped a U-Turn across a 25-foot grass median and pulled up behind him with lights flashing.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">‘\u003cstrong>He grinned and smiled\u003c/strong> at me and did not respond. At that moment I knew I’d been had. I knew that this was not a normal traffic stop.’\u003c/span>\u003ccite>Huedell Freeman\u003c/cite>\u003c/aside>\n\u003cp>Freeman said he was carrying 47 pounds of marijuana in his rental car that day, Dec. 29, 2016, but said he wasn’t too worried about the weed because he had a \u003ca href=\"https://www.documentcloud.org/documents/4499521-FreemanPermitsMendocinco.html\" target=\"_blank\" rel=\"noopener\">permit to grow\u003c/a> medical cannabis in Mendocino County. He was driving it down to his client, a licensed dispensary called \u003ca href=\"https://www.thehigherpath.com/\" target=\"_blank\" rel=\"noopener\">The Higher Path\u003c/a> in Sherman Oaks, near Los Angeles. And, he said, he had the paperwork to prove it.\u003c/p>\n\u003cp>It struck Freeman as odd, though, that the two police officers pulling him over weren’t from Cloverdale. They were from Rohnert Park, some 40 miles south on 101. Freeman said he’d been obeying the traffic laws, and the cruise control on the car was set at the speed limit. He expected the traffic stop to end quickly.\u003c/p>\n\u003cp>He didn’t expect to lose a year’s worth of income.\u003c/p>\n\u003cp>[audio src=\"https://www.kqed.org/.stream/anon/radio/RDnews/2018/07/CopsMjLewisRemix.mp3\" Image=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1200x800.jpg\" Title=\"LISTEN: Highway Robbery\" program=\"The California Report\"]\u003c/p>\n\u003cp>As Rohnert Park Department of Public Safety Officer Joseph Huffaker approached the car, Freeman said he rolled down his window and asked why he’d been pulled over.\u003c/p>\n\u003cp>Freeman said Huffaker told him his vehicle had “touched the white line” on the side of the road.\u003c/p>\n\u003cp>“I had not, so I looked at him, and I said, ‘No I didn’t,’ ” Freeman said. “And he grinned and smiled at me and did not respond. At that moment I knew I’d been had. I knew that this was not a normal traffic stop.”\u003c/p>\n\u003cp>Then Huffaker asked if he had any marijuana in his car, Freeman said.\u003c/p>\n\u003cfigure id=\"attachment_11673488\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11673488\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-800x600.jpg\" alt=\"A Rohnert Park police squad car.\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-1200x900.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-1180x885.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-960x720.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-240x180.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-375x281.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A Rohnert Park police squad car. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Yes, I do,” Freeman remembered saying. He also carried a large battered black leather briefcase filled with documentation — what he calls his “compliance briefcase” — and he said he provided the officer with a grower’s permit issued by the Mendocino County Sheriff’s Office, contact information for The Higher Path dispensary with which he had an agreement to both grow and transport marijuana, and his compliance lawyer’s information.\u003c/p>\n\u003cp>Essentially, Freeman was trying to be as \u003ca href=\"https://www.documentcloud.org/documents/4499501-Nelson-Letter.html\" target=\"_blank\" rel=\"noopener\">legitimate\u003c/a> as he could be.\u003c/p>\n\u003cp>Freeman said that as he and Huffaker talked, another Rohnert Park officer, Sgt. Jacy Tatum, stood off to the side, barely speaking except to ask Freeman at one point about the strains of marijuana he was carrying.\u003c/p>\n\u003cp>The two officers would go on to seize that marijuana, and Freeman hasn’t seen it since.\u003c/p>\n\u003cp>Freeman’s account of his run-in with Rohnert Park police echoes those of eight other drivers who say a group of officers from the city conducted pretextual traffic stops — those that enable authorities to detain suspects for investigation of other matters — with the goal of unlawfully seizing marijuana and cash. Four people allowed us to share their stories publicly, while five others would tell us about their encounters only if we agreed not to name them, saying they feared police retaliation.\u003c/p>\n\u003cp>Their stories suggest a pattern of questionable and potentially illegal stops and seizures over the past three years by officers from a small city along a major marijuana transportation corridor.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cspan style=\"font-size: x-large\">‘\u003cstrong>When I say highway robbery\u003c/strong>, I really mean it.’\u003c/span>\u003ccite>Izaak Schwaiger,\u003cbr>\nAttorney, former prosecutor\u003c/cite>\u003c/aside>\n\u003cp>The city of Rohnert Park said in a statement that its police officers “joined other law enforcement agencies in drug interdiction efforts” along Highway 101 seeking drugs including “methamphetamines, opioids, cocaine, ecstasy and marijuana.” But the city says it ceased “most interdiction efforts” related to marijuana in 2017.\u003c/p>\n\u003cp>There is a financial benefit to the city for this work. Through a legal process called asset forfeiture, both the Rohnert Park Department of Public Safety and the Sonoma County District Attorney’s Office get to keep a cut of seized cash suspected to be the proceeds of a crime.\u003c/p>\n\u003cp>A \u003ca href=\"https://oag.ca.gov/sites/all/files/agweb/pdfs/publications/asset_forf/2016-af/2016-af.pdf\" target=\"_blank\" rel=\"noopener\">report\u003c/a> issued by the California Attorney General shows that from 2015 to 2016, the Rohnert Park Department of Public Safety received more than $1 million in seized cash. The Sonoma County District Attorney received $188,419 of the money from assets seized.\u003c/p>\n\u003cp>Tatum was responsible for much of that asset forfeiture windfall to his local department. In 2015, the mayor \u003ca href=\"http://rpcity.granicus.com/MediaPlayer.php?view_id=3&clip_id=569\" target=\"_blank\" rel=\"noopener\">publicly recognized\u003c/a> him for his drug prevention work. Tatum \u003ca href=\"http://rpcity.granicus.com/MediaPlayer.php?view_id=3&clip_id=569\" target=\"_blank\" rel=\"noopener\">thanked the City Council\u003c/a> for allowing him the opportunity to “fight the war on drugs.”\u003c/p>\n\u003cp>But Tatum has another reputation: A growing chorus of defense attorneys say he’s a rogue cop. He’s being sued for unlawfully taking a man’s cash, and he has a documented history of dishonesty on the witness stand.\u003c/p>\n\u003cp>“When I say highway robbery, I really mean it,” Sonoma County defense attorney Izaak Schwaiger said. “Officer Tatum has been involved in dozens of questionable traffic stops both above and below the Mendocino-Sonoma County line, where he has seized marijuana farmers’ product and/or their cash and given them no receipt and no criminal charges were ever brought.”\u003c/p>\n\u003cp>Now Tatum and his partner, Joseph Huffaker, are \u003ca href=\"http://kymkemp.com/2018/04/26/rohnert-park-police-officers-being-investigated-following-two-incidents-where-humboldt-county-cannabis-was-seized-under-suspicious-circumstances/\" target=\"_blank\" rel=\"noopener\">under investigation\u003c/a> by the city of Rohnert Park. They are both on leave, according to their attorney.\u003c/p>\n\u003cp>\u003cstrong>Allegations of a Cover-Up\u003c/strong>\u003c/p>\n\u003cp>Rohnert Park began an administrative investigation around April of this year after independent reporter Kym Kemp \u003ca href=\"http://kymkemp.com/2018/02/11/former-undercover-officer-involved-in-developing-cannabis-products-accuses-hopland-police-chief-of-theft-corruption-and-civil-rights-violations/\" target=\"_blank\" rel=\"noopener\">published\u003c/a> a \u003ca href=\"http://kymkemp.com/2018/02/11/outraged-one-mans-two-month-quest-from-the-fbi-to-the-atf-to-expose-what-he-says-are-corrupt-police-officers-in-mendocino-county/\" target=\"_blank\" rel=\"noopener\">series\u003c/a> of articles about another suspect traffic stop and marijuana seizure.\u003c/p>\n\u003cp>Texas resident Zeke \u003ca href=\"https://www.documentcloud.org/documents/4499590-Statement-Flatten.html\" target=\"_blank\" rel=\"noopener\">Flatten said\u003c/a> he was driving south on Highway 101 last December, when an unmarked black Ford Police Interceptor pulled him over just north of the Mendocino County line, about 50 miles north of Rohnert Park.\u003c/p>\n\u003cfigure id=\"attachment_11673497\" class=\"wp-caption alignright\" style=\"max-width: 410px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\" wp-image-11673497\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-800x655.jpg\" alt=\"Jacy Tatum is sworn in as a Rohnert Park police sergeant in July, 2015.\" width=\"410\" height=\"336\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-800x655.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-160x131.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-1020x835.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-1200x982.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-1180x966.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-960x786.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-240x196.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-375x307.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-520x425.jpg 520w\" sizes=\"(max-width: 410px) 100vw, 410px\">\u003cfigcaption class=\"wp-caption-text\">Jacy Tatum is sworn in as a Rohnert Park police sergeant in July 2015. \u003ccite>(City of Rohnert Park Police & Fire Facebook page)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Flatten, like Freeman, was also in a rental car and said he, too, was not speeding or violating any traffic laws. He pulled over and showed the officer his driver’s license and the rental agreement for his car.\u003c/p>\n\u003cp>The officers did not identify what agency they were with, Flatten said, and he noticed they were not wearing departmental police badges or identifying name tags.\u003c/p>\n\u003cp>“At that point I really felt something was wrong,” Flatten said.\u003c/p>\n\u003cp>Flatten said he had 3 pounds of marijuana in his car from a farm in Humboldt County and he was taking it to a laboratory in Santa Rosa for testing. He said he was working on developing a number of cannabis products he hoped to bring to market after California’s law allowing recreational use for adults kicked in.\u003c/p>\n\u003cp>Flatten also offered to show the officers his doctor’s prescription for medical cannabis, but he said they weren’t interested.\u003c/p>\n\u003cp>The officers said they were working for the ATF — the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives — according to Flatten. He said they took his marijuana and left him on the side of the road, all in just a few minutes. They did not issue him a citation or arrest him.\u003c/p>\n\u003cp>Flatten reported the Dec. 5 incident to the Mendocino County Sheriff’s Department, the Mendocino County district attorney, the Mendocino County grand jury and the FBI. Kemp spoke with an ATF spokesperson who said the agency wasn’t involved in Flatten’s traffic stop.\u003c/p>\n\u003cfigure id=\"attachment_11673519\" class=\"wp-caption alignleft\" style=\"max-width: 695px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11673519\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/Flatten-Press-Release.jpg\" alt=\"\" width=\"695\" height=\"503\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-Press-Release.jpg 695w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-Press-Release-160x116.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-Press-Release-240x174.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-Press-Release-375x271.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-Press-Release-520x376.jpg 520w\" sizes=\"(max-width: 695px) 100vw, 695px\">\u003cfigcaption class=\"wp-caption-text\">From a Rohnert Park Department of Public Safety press release issued on Feb. 13, 2018.\u003c/figcaption>\u003c/figure>\n\u003cp>“Mr. Flatten did contact the FBI and the information he provided, we were not able to corroborate it as reported,” FBI spokesperson Prentice Danner said.\u003c/p>\n\u003cp>The Mendocino County Sheriff’s Department said it wasn’t their case and pointed to a \u003ca href=\"https://www.documentcloud.org/documents/4490352-180213-RPDPS-Traffic-Stop-Leads-to-Cannabis.html\" target=\"_blank\" rel=\"noopener\">press release\u003c/a> from Rohnert Park police written on Feb. 13, 2018, not long after Flatten’s stop. The statement, written by Tatum and Cmdr. Jeff Taylor, touted a large “black market” marijuana bust on Highway 101 during the month of December.\u003c/p>\n\u003cp>Rohnert Park produced an \u003ca href=\"http://kymkemp.com/wp-content/uploads/2018/04/17-5373-PUBLIC-REDACTION-3-26-18-W-EVIDENCE-SHEET.pdf\" target=\"_blank\" rel=\"noopener\">incident report\u003c/a> of the Dec. 5 stop of Flatten, also written by Tatum, that diverges in many places from Flatten’s account.\u003c/p>\n\u003cp>The redacted report doesn’t include any names. It describes a traffic stop involving a white Mercedes-Benz with no license plates. Yet Flatten said he drove a Kia rental car with California license plates. The report says that 30 pounds of marijuana and several hundred containers of hash were seized from the person driving the Mercedes. Flatten maintains he had 3 pounds of marijuana with him.\u003c/p>\n\u003cp>Records show that Officer Huffaker did book 30 pounds of \u003ca href=\"https://www.documentcloud.org/documents/4499600-FlattenIncidentReport.html\" target=\"_blank\" rel=\"noopener\">seized marijuana into evidence\u003c/a>, but not until Dec. 18, 2017, nearly two weeks later. The several hundred containers of hash are not mentioned in the evidence log.\u003c/p>\n\u003cp>Flatten doesn’t believe Tatum was among the two officers who stopped him, although he does think Rohnert Park Officer Huffaker was one of the officers who pulled him over.\u003c/p>\n\u003cfigure id=\"attachment_11673535\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11673535\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-800x383.png\" alt=\"\" width=\"800\" height=\"383\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-800x383.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-160x77.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-1020x488.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-1200x574.png 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-1180x564.png 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-960x459.png 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-240x115.png 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-375x179.png 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-520x249.png 520w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot.png 1219w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">An excerpt from the incident report written by Jacy Tatum\u003cbr>and referenced in response to Zeke Flatten’s allegations.\u003c/figcaption>\u003c/figure>\n\u003cp>The report says a CHP officer and trainee assisted on Flatten’s stop. But a CHP spokesman wrote in an email, “There is no dispatch record of us assisting with this incident and no one recalls it.”\u003c/p>\n\u003cp>Flatten said he thinks Tatum crafted this report after the fact to cover up an illegal stop and seizure by police officers.\u003c/p>\n\u003cp>“I felt very strongly that I was robbed by legitimate police officers,” Flatten said.\u003c/p>\n\u003cp>Finally, the report said the case was referred to the Sonoma County district attorney for prosecution. The Sonoma County District Attorney’s Office has no record that Rohnert Park ever referred a case against Flatten. There are no charges against him.\u003c/p>\n\u003cp>The city of Rohnert Park would not respond to questions about this incident, but it is investigating. Attorney Justin Buffington, who is representing Tatum and Huffaker, confirmed the officers are on leave pending an administrative investigation related to Flatten. He stressed that the city’s probe is not a criminal investigation.\u003c/p>\n\u003cp>Tatum and Huffaker did not wish to comment for this story, according to Buffington.\u003c/p>\n\u003cp>\u003cstrong>Seizing Cash\u003c/strong>\u003c/p>\n\u003cp>This is not the first time Rohnert Park police officers have faced allegations of unlawful seizure. A gambler from Las Vegas named Lucas Serafine alleges in a \u003ca href=\"https://www.documentcloud.org/documents/4486452-Serafine260271Combined.html\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> against the City of Rohnert Park that Tatum and Rohnert Park police Officer Nick Miller unlawfully seized more than $120,000 from him on March 10, 2016.\u003c/p>\n\u003cp>Serafine was also in a rental car traveling on Highway 101 near Cloverdale with a friend when he said the two officers pulled him over for allegedly driving too fast in the rain.\u003c/p>\n\u003cp>Serafine said he was headed to a high-stakes poker game at the Bear River Casino in Humboldt County and that the large amount of cash in the car was cash from a lawsuit he settled with the California Department of Corrections, and a workers’ compensation claim.\u003c/p>\n\u003cp>The officers suspected Serafine’s money was related to drug purchase or sales, according to \u003ca href=\"https://www.documentcloud.org/documents/4486453-Serafine1.html\" target=\"_blank\" rel=\"noopener\">court documents\u003c/a>, and seized it.\u003c/p>\n\u003cp>“He [Tatum] looks me in the eyes, pointing his finger pushing on my chest as he does it,” Serafine remembered Tatum saying before he and Officer Miller drove away, “‘I took $1.2 million off the road this year. Nobody shows up for it and neither will you’.”\u003c/p>\n\u003cfigure id=\"attachment_11673821\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11673821\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-800x533.jpg\" alt=\"Highway 101 in Cloverdale.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1200x800.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1180x787.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-960x640.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-240x160.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-375x250.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Highway 101 in Cloverdale. \u003ccite>(Adam Grossberg/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A review of incident reports provided by Rohnert Park in response to a public records request back up the statement. KQED reviewed 23 incident reports on traffic stops involving Tatum. The city continues to provide more reports on a rolling basis.\u003c/p>\n\u003cp>Between late 2013 and the end of 2016, Tatum was involved in stops that resulted in the confiscation of well over $1 million in cash, according to the incident reports released so far.\u003c/p>\n\u003cp>The department saw a 182 percent increase in funds from asset forfeitures between 2015 and 2016. According to \u003ca href=\"https://oag.ca.gov/publications\" target=\"_blank\" rel=\"noopener\">data reported\u003c/a> to the California Attorney General’s Office, Rohnert Park police netted $756,062 in 2016, an increase of nearly half a million dollars from the year before.\u003c/p>\n\u003cp>In Serafine’s case, $121,920 was logged into evidence and turned over to the district attorney for asset forfeiture proceedings.\u003c/p>\n\u003cp>On June 28, 2016, Serafine’s lawyer sent a \u003ca href=\"https://www.documentcloud.org/documents/4499502-Notice-to-Rohnert-Park-Regarding-Accounting.html\" target=\"_blank\" rel=\"noopener\">letter\u003c/a> to Rohnert Park contesting the amount of money seized, but Serafine says he did not get a response. Serafine said he actually had $132,000.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The district attorney brought a civil action to seize Serafine’s cash — a process called asset forfeiture. Serafine provided the prosecutors with proof of income for most of the cash and eventually got $100,000 of his money returned to him.\u003c/p>\n\u003cp>The Sonoma County District Attorney’s Office declined to comment on Serafine’s asset forfeiture case or to say whether they investigated Serafine’s dispute about the amount of cash seized.\u003c/p>\n\u003cp>The city is \u003ca href=\"https://www.documentcloud.org/documents/4499961-Serafine260271Combined.html\" target=\"_blank\" rel=\"noopener\">fighting\u003c/a> Serafine’s lawsuit alleging police officers inappropriately confiscated his cash. A trial in that case is scheduled for November of this year.\u003c/p>\n\u003cp>Serafine has a criminal history, including a conviction in 2001 when he was 18, for unlawful sex with a minor. Serafine was forthcoming about his record.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">‘\u003cstrong>That is a very strong indication\u003c/strong>, based on the law, that the complaints, assuming there were such, were deemed frivolous by the department.’\u003c/span>\u003ccite>Justin Buffington,\u003cbr>\nAttorney for Sgt. Jacy Tatum and Officer Joseph Huffaker\u003c/cite>\u003c/aside>\n\u003cp>And Zeke Flatten admits he didn’t have a legal license to transport marijuana, but he said that still doesn’t give law enforcement the right to essentially steal from people.\u003c/p>\n\u003cp>“I knew that what these officers were doing was so much of abuse of power and so just wrong for police officers to be doing that,” Flatten said.\u003c/p>\n\u003cp>Tatum’s attorney, Justin Buffington, said he is not under investigation for any additional matters.\u003c/p>\n\u003cp>“To my knowledge, none of the other matters [aside from the Flatten stop] that you referenced are, or have been, the subject of internal investigations undertaken by the department,” Buffington wrote in an email. “That is a very strong indication, based on the law, that the complaints, assuming there were such, were deemed frivolous by the department.”\u003c/p>\n\u003cp>\u003cstrong>An Unreliable Witness\u003c/strong>\u003c/p>\n\u003cp>At least a year before Flatten went public with his allegations against Rohnert Park police, Tatum was known by prosecutors to have written false information in police reports and to have testified dishonestly in court.\u003c/p>\n\u003cp>“He [Tatum] doesn’t have a problem lying, and he does so with some regularity,” said Izaak Schwaiger a civil rights and defense attorney who has had run-ins with Tatum.\u003c/p>\n\u003cp>Schwaiger, who was a Sonoma County prosecutor from 2010 to 2012, said then-officer Tatum already had a reputation.\u003c/p>\n\u003cp>“His testimony was not of the highest quality,” Schwaiger said. “And sometimes gave rise to people disbelieving it, even on the side of law enforcement.”\u003c/p>\n\u003cp>Later, when Schwaiger became a defense attorney, the stories about Tatum mounted.\u003c/p>\n\u003cp>KQED has spoken to five defense attorneys in Sonoma County who say their clients alleged that Sgt. Tatum and often his partners stopped them on a flimsy pretext, fabricated police reports, and unlawfully seized cash and marijuana.\u003c/p>\n\u003cp>In 2016 Sgt. Tatum entered false information into an incident report. He and Huffaker pulled over a New Jersey man named Konstantine Charalidis, who the DA charged with having a concealed weapon. Charalidis’ attorney, Evan Zelig, provided KQED with Huffaker’s body-camera footage from the stop. It contradicts the police report written by Tatum.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/4499497-CharalidisPoliceReport.html\" target=\"_blank\" rel=\"noopener\">incident report\u003c/a> says that a knife taken off Charalidis was “completely concealed” by his clothing. Huffaker’s body-camera footage shows Charalidis immediately pointed out both knives, neither of which were concealed.\u003c/p>\n\u003cp>“There’s a difference between incorrect police reports and police reports that are falsified,” Zelig said. “The one with Mr. Charalidis, this was not incorrect. It was just falsified. The facts in there were not true.”\u003c/p>\n\u003cp>In the body-camera footage, both Huffaker and Tatum ask repeatedly whether there is any cash in the car, which Charalidis and his friend deny. Then Tatum says on the body-camera video he found $10,000.\u003c/p>\n\u003cfigure id=\"attachment_11673820\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11673820\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-800x453.jpg\" alt=\"A screenshot from his body camera footage captures Rohnert Park Department of Public Safety Officer Joseph Huffaker reaching to remove two knives from Konstantine Charalidis' clothing after Charalidis immediately told the officer he had them. Both knives were unconcealed throughout the encounter.\" width=\"800\" height=\"453\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-800x453.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-160x91.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-1020x577.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-1200x679.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-1180x668.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-960x543.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-240x136.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-375x212.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-520x294.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds.jpg 1214w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A screenshot from his body camera footage captures Rohnert Park Department of Public Safety Officer Joseph Huffaker reaching to remove two knives from Konstantine Charalidis’ clothing after Charalidis immediately told the officer he had them. Both knives were unconcealed throughout the encounter. \u003ccite>(Courtesy of Evin Zelig)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Zelig said the officers became angry at Charalidis because he wouldn’t admit that $10,000 was related to illegal activity, which would have allowed them to seize it.\u003c/p>\n\u003cp>“Give us fucking bullshit ass fucking answers, that’s what happens,” one of the officers says on the body-camera footage as Charalidis stands handcuffed. “We’re going to see a judge.”\u003c/p>\n\u003cp>The police report does not mention any money.\u003c/p>\n\u003cp>“It was absolutely an unlawful arrest,” said Zelig, “that they did solely because he would not give them the money.”\u003c/p>\n\u003cp>Prosecutors dismissed the charges against Charalidis because of the body-camera footage. Zelig says his client still had to pay attorneys fees, and deal with the hassle of a California court case while living in New Jersey.\u003c/p>\n\u003cp>In a separate 2016 case, Schwaiger suspected Tatum was lying about his justification for a traffic stop. He collected \u003ca href=\"https://www.documentcloud.org/documents/4486459-JurewiczCombined.html#document/p1/a425643\" target=\"_blank\" rel=\"noopener\">sworn statements\u003c/a> from three other defense attorneys who said Tatum was dishonest and detailed specific instances of him lying.\u003c/p>\n\u003cp>Tatum’s dishonest testimony in that case led him to be placed on a list of officers with credibility issues maintained by the Sonoma County District Attorney’s Office, Schwaiger and other defense attorneys said. Tatum gave shifting explanations in an attempt to justify the traffic stop and was caught lying on the witness stand. A judge dismissed the case.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">‘\u003cstrong>If or when concerns are raised\u003c/strong> about police officer conduct, we take the concerns seriously.’\u003c/span>\u003ccite>Don Schwartz,\u003cbr>\nRohnert Park Assistant City Manager\u003c/cite>\u003c/aside>\n\u003cp>Being on what’s called “the Brady list” meant, after that case, prosecutors had a duty to disclose evidence of Tatum’s past dishonest testimony to defense attorneys, who can use it to attack his credibility if he’s called as a witness.\u003c/p>\n\u003cp>The Sonoma County District Attorney’s Office declined to comment on Tatum’s credibility as a witness, but no perjury charges have been filed against him.\u003c/p>\n\u003cp>Schwaiger and another defense attorney say they were both interviewed by an investigator for the DA’s office regarding Tatum, but prosecutors would not say what the nature or the outcome of this investigation was.\u003c/p>\n\u003cp>“People want to believe police officers because we don’t want to live in a world where cops can’t be trusted,” Schwaiger said. “That’s a scary world. Those are the people that are here to protect us. They’re the people here to keep us safe. And if they can’t be trusted, who can be?”\u003c/p>\n\u003cp>\u003cstrong>Broken Trust\u003c/strong>\u003c/p>\n\u003cp>For years, unlawful seizures and asset forfeitures were often considered by people in the marijuana industry as the cost of doing business. But now, legalization is offering men like Huedell Freeman a path to legitimacy. He pays taxes and permit fees — \u003cem>those\u003c/em> are the costs of doing business.\u003c/p>\n\u003cp>Freeman remembered the day in 2015 when a deputy from the Mendocino County Sheriff’s Office took his picture in front of his cannabis farm.\u003c/p>\n\u003cp>“‘You don’t know how weird this is for me’,” Freeman recalled saying to the deputy. “And he laughed and he said, ‘I think I do,’ he said. ‘We used to call this evidence. Now we call it verification’.”\u003c/p>\n\u003cp>It was scary to go legal, Freeman said, but it felt good, too: no more lying, no more hiding, no more risk of going to prison for doing what he loves. Now he grows more than a dozen varieties of cannabis that are tailored to specific medical ailments.\u003c/p>\n\u003cp>“I don’t care about the 22-year-olds that want to get stoned and park on the couch,” he said. “I have nothing against that, but that’s not why I do this.”\u003c/p>\n\u003cfigure id=\"attachment_11673823\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11673823\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-800x600.jpg\" alt=\"Huedell Freeman.\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1200x900.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1180x885.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-960x720.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-240x180.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-375x281.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Huedell Freeman. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Freeman said he explained all this to Tatum and Huffaker. He had nothing to hide. He gave them the name and phone number of Colin Stewart, manager and partner at The Higher Path dispensary in Sherman Oaks. Huffaker spoke to Stewart and to Freeman’s attorney, Hannah Nelson, who both confirmed what Freeman said: His cannabis was for medicine, not the black market. He was legit.\u003c/p>\n\u003cp>But the officers came back and told Freeman that they were seizing his property because he did not have a license issued by the state to transport marijuana.\u003c/p>\n\u003cp>The state Bureau of Cannabis Control declined to comment for this story and refused repeated requests to explain licensing and regulations for transporting marijuana legally in California.\u003c/p>\n\u003cp>The officers wrote Freeman a \u003ca href=\"https://www.documentcloud.org/documents/4499612-Citation.html\" target=\"_blank\" rel=\"noopener\">citation\u003c/a> for possessing more than an ounce of marijuana, but they did not give him any documentation for the property they seized.\u003c/p>\n\u003cp>The Sonoma County District Attorney’s Office initially said no case against Freeman was ever referred to them. However, on July 2, the district attorney’s office provided an undated referral from Tatum requesting Freeman be charged with unlawfully possessing marijuana. Prosecutors did not file charges in the case.\u003c/p>\n\u003cp>Freeman said he called the Rohnert Park Department of Public Safety the next day. Sgt. Eric Matzen assured him that his cannabis was safe and that if the department determined its legality, he would get it back, Freeman said.\u003c/p>\n\u003cp>Freeman’s attorney \u003ca href=\"https://www.documentcloud.org/documents/4499501-Nelson-Letter.html\" target=\"_blank\" rel=\"noopener\">wrote\u003c/a> to the city and asked for it to return her client’s property. But the city of Rohnert Park never returned Freeman’s cannabis.\u003c/p>\n\u003cp>On June 27, 2017, he filed a claim against the city of Rohnert Park for the value of his cannabis. The city has rejected his claim.\u003c/p>\n\u003cp>Assistant City Manager Don Schwartz would not respond to a series of detailed questions about traffic stops by its officers.\u003c/p>\n\u003cp>“Rohnert Park is committed to compliance with the law and the constitution and its mission to serve and protect the public,” Schwartz wrote in an emailed response. “If or when concerns are raised about police officer conduct, we take the concerns seriously and investigate as each situation may warrant. Once all of the facts are known, we take any and all appropriate measures.”\u003c/p>\n\u003cp>The statement continued: “Rohnert Park participated in these [interdiction] efforts to reduce the flow of illegal drugs to Sonoma County, including the City of Rohnert Park,” Schwartz wrote. “Recreational marijuana was illegal until January 1, 2018.”\u003c/p>\n\u003cp>Freeman said he has still not recovered from the financial loss of his property. But he said even harder to recover is the faith he lost in a system that promised to protect him if he came out of the shadows.\u003c/p>\n\u003cp>“They broke my trust,” Freeman said.\u003c/p>\n\u003cp>\u003cstrong>Update, 12:05 p.m. Saturday, June 23:\u003c/strong> Jacy Tatum no longer works for the city of Rohnert Park, according to Assistant City Manager Don Schwartz. He said Officer Joseph Huffaker is still employed by the city. Schwartz said an investigation into the officers is ongoing.\u003c/p>\n\u003cp>\u003cem>Correction: KQED learned after publication that Rohnert Park police requested prosecutors file charges against Huedell Freeman. This post has been edited to reflect the new information.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Julie Small of KQED News and Kym Kemp contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "Nine drivers and several attorneys say Rohnert Park police officers have repeatedly conducted questionable traffic stops and illegally seized cash and marijuana.",
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"title": "‘Highway Robbery’: Drivers Allege Rohnert Park Police Illegally Seized Cannabis, Cash | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated July 3, 2018 at 11:30 a.m.\u003c/em>\u003c/p>\n\u003cp>\u003cem>This story was reported in collaboration with the \u003ca href=\"https://www.northcoastjournal.com/NewsBlog/archives/2018/06/09/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">North Coast Journal\u003c/a> and independent reporter \u003ca href=\"http://kymkemp.com/2018/06/09/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash/\" target=\"_blank\" rel=\"noopener\">Kym Kemp\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>Huedell Freeman was heading south on Highway 101 through Cloverdale and was just over the Sonoma County line when he said a police squad car flipped a U-Turn across a 25-foot grass median and pulled up behind him with lights flashing.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">‘\u003cstrong>He grinned and smiled\u003c/strong> at me and did not respond. At that moment I knew I’d been had. I knew that this was not a normal traffic stop.’\u003c/span>\u003ccite>Huedell Freeman\u003c/cite>\u003c/aside>\n\u003cp>Freeman said he was carrying 47 pounds of marijuana in his rental car that day, Dec. 29, 2016, but said he wasn’t too worried about the weed because he had a \u003ca href=\"https://www.documentcloud.org/documents/4499521-FreemanPermitsMendocinco.html\" target=\"_blank\" rel=\"noopener\">permit to grow\u003c/a> medical cannabis in Mendocino County. He was driving it down to his client, a licensed dispensary called \u003ca href=\"https://www.thehigherpath.com/\" target=\"_blank\" rel=\"noopener\">The Higher Path\u003c/a> in Sherman Oaks, near Los Angeles. And, he said, he had the paperwork to prove it.\u003c/p>\n\u003cp>It struck Freeman as odd, though, that the two police officers pulling him over weren’t from Cloverdale. They were from Rohnert Park, some 40 miles south on 101. Freeman said he’d been obeying the traffic laws, and the cruise control on the car was set at the speed limit. He expected the traffic stop to end quickly.\u003c/p>\n\u003cp>He didn’t expect to lose a year’s worth of income.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>As Rohnert Park Department of Public Safety Officer Joseph Huffaker approached the car, Freeman said he rolled down his window and asked why he’d been pulled over.\u003c/p>\n\u003cp>Freeman said Huffaker told him his vehicle had “touched the white line” on the side of the road.\u003c/p>\n\u003cp>“I had not, so I looked at him, and I said, ‘No I didn’t,’ ” Freeman said. “And he grinned and smiled at me and did not respond. At that moment I knew I’d been had. I knew that this was not a normal traffic stop.”\u003c/p>\n\u003cp>Then Huffaker asked if he had any marijuana in his car, Freeman said.\u003c/p>\n\u003cfigure id=\"attachment_11673488\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11673488\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-800x600.jpg\" alt=\"A Rohnert Park police squad car.\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-1200x900.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-1180x885.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-960x720.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-240x180.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-375x281.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31332_IMG_2713-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A Rohnert Park police squad car. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Yes, I do,” Freeman remembered saying. He also carried a large battered black leather briefcase filled with documentation — what he calls his “compliance briefcase” — and he said he provided the officer with a grower’s permit issued by the Mendocino County Sheriff’s Office, contact information for The Higher Path dispensary with which he had an agreement to both grow and transport marijuana, and his compliance lawyer’s information.\u003c/p>\n\u003cp>Essentially, Freeman was trying to be as \u003ca href=\"https://www.documentcloud.org/documents/4499501-Nelson-Letter.html\" target=\"_blank\" rel=\"noopener\">legitimate\u003c/a> as he could be.\u003c/p>\n\u003cp>Freeman said that as he and Huffaker talked, another Rohnert Park officer, Sgt. Jacy Tatum, stood off to the side, barely speaking except to ask Freeman at one point about the strains of marijuana he was carrying.\u003c/p>\n\u003cp>The two officers would go on to seize that marijuana, and Freeman hasn’t seen it since.\u003c/p>\n\u003cp>Freeman’s account of his run-in with Rohnert Park police echoes those of eight other drivers who say a group of officers from the city conducted pretextual traffic stops — those that enable authorities to detain suspects for investigation of other matters — with the goal of unlawfully seizing marijuana and cash. Four people allowed us to share their stories publicly, while five others would tell us about their encounters only if we agreed not to name them, saying they feared police retaliation.\u003c/p>\n\u003cp>Their stories suggest a pattern of questionable and potentially illegal stops and seizures over the past three years by officers from a small city along a major marijuana transportation corridor.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003cspan style=\"font-size: x-large\">‘\u003cstrong>When I say highway robbery\u003c/strong>, I really mean it.’\u003c/span>\u003ccite>Izaak Schwaiger,\u003cbr>\nAttorney, former prosecutor\u003c/cite>\u003c/aside>\n\u003cp>The city of Rohnert Park said in a statement that its police officers “joined other law enforcement agencies in drug interdiction efforts” along Highway 101 seeking drugs including “methamphetamines, opioids, cocaine, ecstasy and marijuana.” But the city says it ceased “most interdiction efforts” related to marijuana in 2017.\u003c/p>\n\u003cp>There is a financial benefit to the city for this work. Through a legal process called asset forfeiture, both the Rohnert Park Department of Public Safety and the Sonoma County District Attorney’s Office get to keep a cut of seized cash suspected to be the proceeds of a crime.\u003c/p>\n\u003cp>A \u003ca href=\"https://oag.ca.gov/sites/all/files/agweb/pdfs/publications/asset_forf/2016-af/2016-af.pdf\" target=\"_blank\" rel=\"noopener\">report\u003c/a> issued by the California Attorney General shows that from 2015 to 2016, the Rohnert Park Department of Public Safety received more than $1 million in seized cash. The Sonoma County District Attorney received $188,419 of the money from assets seized.\u003c/p>\n\u003cp>Tatum was responsible for much of that asset forfeiture windfall to his local department. In 2015, the mayor \u003ca href=\"http://rpcity.granicus.com/MediaPlayer.php?view_id=3&clip_id=569\" target=\"_blank\" rel=\"noopener\">publicly recognized\u003c/a> him for his drug prevention work. Tatum \u003ca href=\"http://rpcity.granicus.com/MediaPlayer.php?view_id=3&clip_id=569\" target=\"_blank\" rel=\"noopener\">thanked the City Council\u003c/a> for allowing him the opportunity to “fight the war on drugs.”\u003c/p>\n\u003cp>But Tatum has another reputation: A growing chorus of defense attorneys say he’s a rogue cop. He’s being sued for unlawfully taking a man’s cash, and he has a documented history of dishonesty on the witness stand.\u003c/p>\n\u003cp>“When I say highway robbery, I really mean it,” Sonoma County defense attorney Izaak Schwaiger said. “Officer Tatum has been involved in dozens of questionable traffic stops both above and below the Mendocino-Sonoma County line, where he has seized marijuana farmers’ product and/or their cash and given them no receipt and no criminal charges were ever brought.”\u003c/p>\n\u003cp>Now Tatum and his partner, Joseph Huffaker, are \u003ca href=\"http://kymkemp.com/2018/04/26/rohnert-park-police-officers-being-investigated-following-two-incidents-where-humboldt-county-cannabis-was-seized-under-suspicious-circumstances/\" target=\"_blank\" rel=\"noopener\">under investigation\u003c/a> by the city of Rohnert Park. They are both on leave, according to their attorney.\u003c/p>\n\u003cp>\u003cstrong>Allegations of a Cover-Up\u003c/strong>\u003c/p>\n\u003cp>Rohnert Park began an administrative investigation around April of this year after independent reporter Kym Kemp \u003ca href=\"http://kymkemp.com/2018/02/11/former-undercover-officer-involved-in-developing-cannabis-products-accuses-hopland-police-chief-of-theft-corruption-and-civil-rights-violations/\" target=\"_blank\" rel=\"noopener\">published\u003c/a> a \u003ca href=\"http://kymkemp.com/2018/02/11/outraged-one-mans-two-month-quest-from-the-fbi-to-the-atf-to-expose-what-he-says-are-corrupt-police-officers-in-mendocino-county/\" target=\"_blank\" rel=\"noopener\">series\u003c/a> of articles about another suspect traffic stop and marijuana seizure.\u003c/p>\n\u003cp>Texas resident Zeke \u003ca href=\"https://www.documentcloud.org/documents/4499590-Statement-Flatten.html\" target=\"_blank\" rel=\"noopener\">Flatten said\u003c/a> he was driving south on Highway 101 last December, when an unmarked black Ford Police Interceptor pulled him over just north of the Mendocino County line, about 50 miles north of Rohnert Park.\u003c/p>\n\u003cfigure id=\"attachment_11673497\" class=\"wp-caption alignright\" style=\"max-width: 410px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\" wp-image-11673497\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-800x655.jpg\" alt=\"Jacy Tatum is sworn in as a Rohnert Park police sergeant in July, 2015.\" width=\"410\" height=\"336\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-800x655.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-160x131.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-1020x835.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-1200x982.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-1180x966.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-960x786.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-240x196.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-375x307.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31338_alt_743-520x425.jpg 520w\" sizes=\"(max-width: 410px) 100vw, 410px\">\u003cfigcaption class=\"wp-caption-text\">Jacy Tatum is sworn in as a Rohnert Park police sergeant in July 2015. \u003ccite>(City of Rohnert Park Police & Fire Facebook page)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Flatten, like Freeman, was also in a rental car and said he, too, was not speeding or violating any traffic laws. He pulled over and showed the officer his driver’s license and the rental agreement for his car.\u003c/p>\n\u003cp>The officers did not identify what agency they were with, Flatten said, and he noticed they were not wearing departmental police badges or identifying name tags.\u003c/p>\n\u003cp>“At that point I really felt something was wrong,” Flatten said.\u003c/p>\n\u003cp>Flatten said he had 3 pounds of marijuana in his car from a farm in Humboldt County and he was taking it to a laboratory in Santa Rosa for testing. He said he was working on developing a number of cannabis products he hoped to bring to market after California’s law allowing recreational use for adults kicked in.\u003c/p>\n\u003cp>Flatten also offered to show the officers his doctor’s prescription for medical cannabis, but he said they weren’t interested.\u003c/p>\n\u003cp>The officers said they were working for the ATF — the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives — according to Flatten. He said they took his marijuana and left him on the side of the road, all in just a few minutes. They did not issue him a citation or arrest him.\u003c/p>\n\u003cp>Flatten reported the Dec. 5 incident to the Mendocino County Sheriff’s Department, the Mendocino County district attorney, the Mendocino County grand jury and the FBI. Kemp spoke with an ATF spokesperson who said the agency wasn’t involved in Flatten’s traffic stop.\u003c/p>\n\u003cfigure id=\"attachment_11673519\" class=\"wp-caption alignleft\" style=\"max-width: 695px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11673519\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/Flatten-Press-Release.jpg\" alt=\"\" width=\"695\" height=\"503\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-Press-Release.jpg 695w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-Press-Release-160x116.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-Press-Release-240x174.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-Press-Release-375x271.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-Press-Release-520x376.jpg 520w\" sizes=\"(max-width: 695px) 100vw, 695px\">\u003cfigcaption class=\"wp-caption-text\">From a Rohnert Park Department of Public Safety press release issued on Feb. 13, 2018.\u003c/figcaption>\u003c/figure>\n\u003cp>“Mr. Flatten did contact the FBI and the information he provided, we were not able to corroborate it as reported,” FBI spokesperson Prentice Danner said.\u003c/p>\n\u003cp>The Mendocino County Sheriff’s Department said it wasn’t their case and pointed to a \u003ca href=\"https://www.documentcloud.org/documents/4490352-180213-RPDPS-Traffic-Stop-Leads-to-Cannabis.html\" target=\"_blank\" rel=\"noopener\">press release\u003c/a> from Rohnert Park police written on Feb. 13, 2018, not long after Flatten’s stop. The statement, written by Tatum and Cmdr. Jeff Taylor, touted a large “black market” marijuana bust on Highway 101 during the month of December.\u003c/p>\n\u003cp>Rohnert Park produced an \u003ca href=\"http://kymkemp.com/wp-content/uploads/2018/04/17-5373-PUBLIC-REDACTION-3-26-18-W-EVIDENCE-SHEET.pdf\" target=\"_blank\" rel=\"noopener\">incident report\u003c/a> of the Dec. 5 stop of Flatten, also written by Tatum, that diverges in many places from Flatten’s account.\u003c/p>\n\u003cp>The redacted report doesn’t include any names. It describes a traffic stop involving a white Mercedes-Benz with no license plates. Yet Flatten said he drove a Kia rental car with California license plates. The report says that 30 pounds of marijuana and several hundred containers of hash were seized from the person driving the Mercedes. Flatten maintains he had 3 pounds of marijuana with him.\u003c/p>\n\u003cp>Records show that Officer Huffaker did book 30 pounds of \u003ca href=\"https://www.documentcloud.org/documents/4499600-FlattenIncidentReport.html\" target=\"_blank\" rel=\"noopener\">seized marijuana into evidence\u003c/a>, but not until Dec. 18, 2017, nearly two weeks later. The several hundred containers of hash are not mentioned in the evidence log.\u003c/p>\n\u003cp>Flatten doesn’t believe Tatum was among the two officers who stopped him, although he does think Rohnert Park Officer Huffaker was one of the officers who pulled him over.\u003c/p>\n\u003cfigure id=\"attachment_11673535\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11673535\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-800x383.png\" alt=\"\" width=\"800\" height=\"383\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-800x383.png 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-160x77.png 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-1020x488.png 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-1200x574.png 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-1180x564.png 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-960x459.png 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-240x115.png 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-375x179.png 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot-520x249.png 520w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/Flatten-incident-report-shot.png 1219w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">An excerpt from the incident report written by Jacy Tatum\u003cbr>and referenced in response to Zeke Flatten’s allegations.\u003c/figcaption>\u003c/figure>\n\u003cp>The report says a CHP officer and trainee assisted on Flatten’s stop. But a CHP spokesman wrote in an email, “There is no dispatch record of us assisting with this incident and no one recalls it.”\u003c/p>\n\u003cp>Flatten said he thinks Tatum crafted this report after the fact to cover up an illegal stop and seizure by police officers.\u003c/p>\n\u003cp>“I felt very strongly that I was robbed by legitimate police officers,” Flatten said.\u003c/p>\n\u003cp>Finally, the report said the case was referred to the Sonoma County district attorney for prosecution. The Sonoma County District Attorney’s Office has no record that Rohnert Park ever referred a case against Flatten. There are no charges against him.\u003c/p>\n\u003cp>The city of Rohnert Park would not respond to questions about this incident, but it is investigating. Attorney Justin Buffington, who is representing Tatum and Huffaker, confirmed the officers are on leave pending an administrative investigation related to Flatten. He stressed that the city’s probe is not a criminal investigation.\u003c/p>\n\u003cp>Tatum and Huffaker did not wish to comment for this story, according to Buffington.\u003c/p>\n\u003cp>\u003cstrong>Seizing Cash\u003c/strong>\u003c/p>\n\u003cp>This is not the first time Rohnert Park police officers have faced allegations of unlawful seizure. A gambler from Las Vegas named Lucas Serafine alleges in a \u003ca href=\"https://www.documentcloud.org/documents/4486452-Serafine260271Combined.html\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> against the City of Rohnert Park that Tatum and Rohnert Park police Officer Nick Miller unlawfully seized more than $120,000 from him on March 10, 2016.\u003c/p>\n\u003cp>Serafine was also in a rental car traveling on Highway 101 near Cloverdale with a friend when he said the two officers pulled him over for allegedly driving too fast in the rain.\u003c/p>\n\u003cp>Serafine said he was headed to a high-stakes poker game at the Bear River Casino in Humboldt County and that the large amount of cash in the car was cash from a lawsuit he settled with the California Department of Corrections, and a workers’ compensation claim.\u003c/p>\n\u003cp>The officers suspected Serafine’s money was related to drug purchase or sales, according to \u003ca href=\"https://www.documentcloud.org/documents/4486453-Serafine1.html\" target=\"_blank\" rel=\"noopener\">court documents\u003c/a>, and seized it.\u003c/p>\n\u003cp>“He [Tatum] looks me in the eyes, pointing his finger pushing on my chest as he does it,” Serafine remembered Tatum saying before he and Officer Miller drove away, “‘I took $1.2 million off the road this year. Nobody shows up for it and neither will you’.”\u003c/p>\n\u003cfigure id=\"attachment_11673821\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11673821\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-800x533.jpg\" alt=\"Highway 101 in Cloverdale.\" width=\"800\" height=\"533\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1200x800.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1180x787.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-960x640.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-240x160.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-375x250.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-520x347.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Highway 101 in Cloverdale. \u003ccite>(Adam Grossberg/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>A review of incident reports provided by Rohnert Park in response to a public records request back up the statement. KQED reviewed 23 incident reports on traffic stops involving Tatum. The city continues to provide more reports on a rolling basis.\u003c/p>\n\u003cp>Between late 2013 and the end of 2016, Tatum was involved in stops that resulted in the confiscation of well over $1 million in cash, according to the incident reports released so far.\u003c/p>\n\u003cp>The department saw a 182 percent increase in funds from asset forfeitures between 2015 and 2016. According to \u003ca href=\"https://oag.ca.gov/publications\" target=\"_blank\" rel=\"noopener\">data reported\u003c/a> to the California Attorney General’s Office, Rohnert Park police netted $756,062 in 2016, an increase of nearly half a million dollars from the year before.\u003c/p>\n\u003cp>In Serafine’s case, $121,920 was logged into evidence and turned over to the district attorney for asset forfeiture proceedings.\u003c/p>\n\u003cp>On June 28, 2016, Serafine’s lawyer sent a \u003ca href=\"https://www.documentcloud.org/documents/4499502-Notice-to-Rohnert-Park-Regarding-Accounting.html\" target=\"_blank\" rel=\"noopener\">letter\u003c/a> to Rohnert Park contesting the amount of money seized, but Serafine says he did not get a response. Serafine said he actually had $132,000.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The district attorney brought a civil action to seize Serafine’s cash — a process called asset forfeiture. Serafine provided the prosecutors with proof of income for most of the cash and eventually got $100,000 of his money returned to him.\u003c/p>\n\u003cp>The Sonoma County District Attorney’s Office declined to comment on Serafine’s asset forfeiture case or to say whether they investigated Serafine’s dispute about the amount of cash seized.\u003c/p>\n\u003cp>The city is \u003ca href=\"https://www.documentcloud.org/documents/4499961-Serafine260271Combined.html\" target=\"_blank\" rel=\"noopener\">fighting\u003c/a> Serafine’s lawsuit alleging police officers inappropriately confiscated his cash. A trial in that case is scheduled for November of this year.\u003c/p>\n\u003cp>Serafine has a criminal history, including a conviction in 2001 when he was 18, for unlawful sex with a minor. Serafine was forthcoming about his record.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">‘\u003cstrong>That is a very strong indication\u003c/strong>, based on the law, that the complaints, assuming there were such, were deemed frivolous by the department.’\u003c/span>\u003ccite>Justin Buffington,\u003cbr>\nAttorney for Sgt. Jacy Tatum and Officer Joseph Huffaker\u003c/cite>\u003c/aside>\n\u003cp>And Zeke Flatten admits he didn’t have a legal license to transport marijuana, but he said that still doesn’t give law enforcement the right to essentially steal from people.\u003c/p>\n\u003cp>“I knew that what these officers were doing was so much of abuse of power and so just wrong for police officers to be doing that,” Flatten said.\u003c/p>\n\u003cp>Tatum’s attorney, Justin Buffington, said he is not under investigation for any additional matters.\u003c/p>\n\u003cp>“To my knowledge, none of the other matters \u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp> that you referenced are, or have been, the subject of internal investigations undertaken by the department,” Buffington wrote in an email. “That is a very strong indication, based on the law, that the complaints, assuming there were such, were deemed frivolous by the department.”\u003c/p>\n\u003cp>\u003cstrong>An Unreliable Witness\u003c/strong>\u003c/p>\n\u003cp>At least a year before Flatten went public with his allegations against Rohnert Park police, Tatum was known by prosecutors to have written false information in police reports and to have testified dishonestly in court.\u003c/p>\n\u003cp>“He [Tatum] doesn’t have a problem lying, and he does so with some regularity,” said Izaak Schwaiger a civil rights and defense attorney who has had run-ins with Tatum.\u003c/p>\n\u003cp>Schwaiger, who was a Sonoma County prosecutor from 2010 to 2012, said then-officer Tatum already had a reputation.\u003c/p>\n\u003cp>“His testimony was not of the highest quality,” Schwaiger said. “And sometimes gave rise to people disbelieving it, even on the side of law enforcement.”\u003c/p>\n\u003cp>Later, when Schwaiger became a defense attorney, the stories about Tatum mounted.\u003c/p>\n\u003cp>KQED has spoken to five defense attorneys in Sonoma County who say their clients alleged that Sgt. Tatum and often his partners stopped them on a flimsy pretext, fabricated police reports, and unlawfully seized cash and marijuana.\u003c/p>\n\u003cp>In 2016 Sgt. Tatum entered false information into an incident report. He and Huffaker pulled over a New Jersey man named Konstantine Charalidis, who the DA charged with having a concealed weapon. Charalidis’ attorney, Evan Zelig, provided KQED with Huffaker’s body-camera footage from the stop. It contradicts the police report written by Tatum.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/4499497-CharalidisPoliceReport.html\" target=\"_blank\" rel=\"noopener\">incident report\u003c/a> says that a knife taken off Charalidis was “completely concealed” by his clothing. Huffaker’s body-camera footage shows Charalidis immediately pointed out both knives, neither of which were concealed.\u003c/p>\n\u003cp>“There’s a difference between incorrect police reports and police reports that are falsified,” Zelig said. “The one with Mr. Charalidis, this was not incorrect. It was just falsified. The facts in there were not true.”\u003c/p>\n\u003cp>In the body-camera footage, both Huffaker and Tatum ask repeatedly whether there is any cash in the car, which Charalidis and his friend deny. Then Tatum says on the body-camera video he found $10,000.\u003c/p>\n\u003cfigure id=\"attachment_11673820\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11673820\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-800x453.jpg\" alt=\"A screenshot from his body camera footage captures Rohnert Park Department of Public Safety Officer Joseph Huffaker reaching to remove two knives from Konstantine Charalidis' clothing after Charalidis immediately told the officer he had them. Both knives were unconcealed throughout the encounter.\" width=\"800\" height=\"453\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-800x453.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-160x91.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-1020x577.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-1200x679.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-1180x668.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-960x543.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-240x136.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-375x212.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds-520x294.jpg 520w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/BWC-Screen-Shot-0013-seconds.jpg 1214w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">A screenshot from his body camera footage captures Rohnert Park Department of Public Safety Officer Joseph Huffaker reaching to remove two knives from Konstantine Charalidis’ clothing after Charalidis immediately told the officer he had them. Both knives were unconcealed throughout the encounter. \u003ccite>(Courtesy of Evin Zelig)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Zelig said the officers became angry at Charalidis because he wouldn’t admit that $10,000 was related to illegal activity, which would have allowed them to seize it.\u003c/p>\n\u003cp>“Give us fucking bullshit ass fucking answers, that’s what happens,” one of the officers says on the body-camera footage as Charalidis stands handcuffed. “We’re going to see a judge.”\u003c/p>\n\u003cp>The police report does not mention any money.\u003c/p>\n\u003cp>“It was absolutely an unlawful arrest,” said Zelig, “that they did solely because he would not give them the money.”\u003c/p>\n\u003cp>Prosecutors dismissed the charges against Charalidis because of the body-camera footage. Zelig says his client still had to pay attorneys fees, and deal with the hassle of a California court case while living in New Jersey.\u003c/p>\n\u003cp>In a separate 2016 case, Schwaiger suspected Tatum was lying about his justification for a traffic stop. He collected \u003ca href=\"https://www.documentcloud.org/documents/4486459-JurewiczCombined.html#document/p1/a425643\" target=\"_blank\" rel=\"noopener\">sworn statements\u003c/a> from three other defense attorneys who said Tatum was dishonest and detailed specific instances of him lying.\u003c/p>\n\u003cp>Tatum’s dishonest testimony in that case led him to be placed on a list of officers with credibility issues maintained by the Sonoma County District Attorney’s Office, Schwaiger and other defense attorneys said. Tatum gave shifting explanations in an attempt to justify the traffic stop and was caught lying on the witness stand. A judge dismissed the case.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">‘\u003cstrong>If or when concerns are raised\u003c/strong> about police officer conduct, we take the concerns seriously.’\u003c/span>\u003ccite>Don Schwartz,\u003cbr>\nRohnert Park Assistant City Manager\u003c/cite>\u003c/aside>\n\u003cp>Being on what’s called “the Brady list” meant, after that case, prosecutors had a duty to disclose evidence of Tatum’s past dishonest testimony to defense attorneys, who can use it to attack his credibility if he’s called as a witness.\u003c/p>\n\u003cp>The Sonoma County District Attorney’s Office declined to comment on Tatum’s credibility as a witness, but no perjury charges have been filed against him.\u003c/p>\n\u003cp>Schwaiger and another defense attorney say they were both interviewed by an investigator for the DA’s office regarding Tatum, but prosecutors would not say what the nature or the outcome of this investigation was.\u003c/p>\n\u003cp>“People want to believe police officers because we don’t want to live in a world where cops can’t be trusted,” Schwaiger said. “That’s a scary world. Those are the people that are here to protect us. They’re the people here to keep us safe. And if they can’t be trusted, who can be?”\u003c/p>\n\u003cp>\u003cstrong>Broken Trust\u003c/strong>\u003c/p>\n\u003cp>For years, unlawful seizures and asset forfeitures were often considered by people in the marijuana industry as the cost of doing business. But now, legalization is offering men like Huedell Freeman a path to legitimacy. He pays taxes and permit fees — \u003cem>those\u003c/em> are the costs of doing business.\u003c/p>\n\u003cp>Freeman remembered the day in 2015 when a deputy from the Mendocino County Sheriff’s Office took his picture in front of his cannabis farm.\u003c/p>\n\u003cp>“‘You don’t know how weird this is for me’,” Freeman recalled saying to the deputy. “And he laughed and he said, ‘I think I do,’ he said. ‘We used to call this evidence. Now we call it verification’.”\u003c/p>\n\u003cp>It was scary to go legal, Freeman said, but it felt good, too: no more lying, no more hiding, no more risk of going to prison for doing what he loves. Now he grows more than a dozen varieties of cannabis that are tailored to specific medical ailments.\u003c/p>\n\u003cp>“I don’t care about the 22-year-olds that want to get stoned and park on the couch,” he said. “I have nothing against that, but that’s not why I do this.”\u003c/p>\n\u003cfigure id=\"attachment_11673823\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-11673823\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-800x600.jpg\" alt=\"Huedell Freeman.\" width=\"800\" height=\"600\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-800x600.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-160x120.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1020x765.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1200x900.jpg 1200w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut.jpg 1920w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1180x885.jpg 1180w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-960x720.jpg 960w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-240x180.jpg 240w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-375x281.jpg 375w, https://cdn.kqed.org/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-520x390.jpg 520w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Huedell Freeman. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Freeman said he explained all this to Tatum and Huffaker. He had nothing to hide. He gave them the name and phone number of Colin Stewart, manager and partner at The Higher Path dispensary in Sherman Oaks. Huffaker spoke to Stewart and to Freeman’s attorney, Hannah Nelson, who both confirmed what Freeman said: His cannabis was for medicine, not the black market. He was legit.\u003c/p>\n\u003cp>But the officers came back and told Freeman that they were seizing his property because he did not have a license issued by the state to transport marijuana.\u003c/p>\n\u003cp>The state Bureau of Cannabis Control declined to comment for this story and refused repeated requests to explain licensing and regulations for transporting marijuana legally in California.\u003c/p>\n\u003cp>The officers wrote Freeman a \u003ca href=\"https://www.documentcloud.org/documents/4499612-Citation.html\" target=\"_blank\" rel=\"noopener\">citation\u003c/a> for possessing more than an ounce of marijuana, but they did not give him any documentation for the property they seized.\u003c/p>\n\u003cp>The Sonoma County District Attorney’s Office initially said no case against Freeman was ever referred to them. However, on July 2, the district attorney’s office provided an undated referral from Tatum requesting Freeman be charged with unlawfully possessing marijuana. Prosecutors did not file charges in the case.\u003c/p>\n\u003cp>Freeman said he called the Rohnert Park Department of Public Safety the next day. Sgt. Eric Matzen assured him that his cannabis was safe and that if the department determined its legality, he would get it back, Freeman said.\u003c/p>\n\u003cp>Freeman’s attorney \u003ca href=\"https://www.documentcloud.org/documents/4499501-Nelson-Letter.html\" target=\"_blank\" rel=\"noopener\">wrote\u003c/a> to the city and asked for it to return her client’s property. But the city of Rohnert Park never returned Freeman’s cannabis.\u003c/p>\n\u003cp>On June 27, 2017, he filed a claim against the city of Rohnert Park for the value of his cannabis. The city has rejected his claim.\u003c/p>\n\u003cp>Assistant City Manager Don Schwartz would not respond to a series of detailed questions about traffic stops by its officers.\u003c/p>\n\u003cp>“Rohnert Park is committed to compliance with the law and the constitution and its mission to serve and protect the public,” Schwartz wrote in an emailed response. “If or when concerns are raised about police officer conduct, we take the concerns seriously and investigate as each situation may warrant. Once all of the facts are known, we take any and all appropriate measures.”\u003c/p>\n\u003cp>The statement continued: “Rohnert Park participated in these [interdiction] efforts to reduce the flow of illegal drugs to Sonoma County, including the City of Rohnert Park,” Schwartz wrote. “Recreational marijuana was illegal until January 1, 2018.”\u003c/p>\n\u003cp>Freeman said he has still not recovered from the financial loss of his property. But he said even harder to recover is the faith he lost in a system that promised to protect him if he came out of the shadows.\u003c/p>\n\u003cp>“They broke my trust,” Freeman said.\u003c/p>\n\u003cp>\u003cstrong>Update, 12:05 p.m. Saturday, June 23:\u003c/strong> Jacy Tatum no longer works for the city of Rohnert Park, according to Assistant City Manager Don Schwartz. He said Officer Joseph Huffaker is still employed by the city. Schwartz said an investigation into the officers is ongoing.\u003c/p>\n\u003cp>\u003cem>Correction: KQED learned after publication that Rohnert Park police requested prosecutors file charges against Huedell Freeman. This post has been edited to reflect the new information.\u003c/em>\u003c/p>\n\u003cp>\u003cem>Julie Small of KQED News and Kym Kemp contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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