Topic: Suit against Petaluma P.D. by U.S.M.C Veteran
To be formal, my name is Jeremy D. I am a Veteran from Operation Iraqi Freedom.
My highest grade acquired was Sergeant of Marines. For my age, i was highly decorated having a Navy/Marine Corps Achievement Medal as a first term Corporal at the age of 19.
First and foremost I'd like to say that not only do i appreciate the law enforcement community but i respect all who protect me any my family on a daily basis. We couldn't do what we do without you.
Also please keep in mind while reading this that NO criminal charges are being brought up against myself or my uncle.
the situation:
When: Thursday Jan. 28th 2010
Where: Exit 472B Petaluma Ca - 1086 Lakeville Highway Petaluma Ca
The story (this story is true to the best of my knowledge and due to the allegations being made i will have to be vague with details until i can speak with an attorney willing to help with my case. all vague statements will be marked with a *):
At approximately 20:55 on Thursday January 28th i was stopped for having an out of date tag, which is fine. The officer came to my window and not only asked for my driver's license but the identification for my uncle who was in the car with me and asked why my tag was shown to be out. I then told the officer that i was moving from California and had just bought the car and had a 60 day fix it ticket so that i could transport the car back to where i was moving. The officer never asked for my title for the car nor did he ever ask for insurance. The officer called in a code 85 (not exactly sure if it was 85). Right soon after the call was made a second officer showed up on the scene with a drug interdiction dog.
The officer then went to his car for a brief set of moments then came back and asked me if i could step out of the car, so i did. The Officer then took me to stand behind my car and proceeded to search my person. I was asked if i had weapons etc. etc. and had nothing on my person that was of any concern. At this time my uncle was asked to exit the vehicle and did as told and was also searched.
The officer then asked the routine question:
Officer: Where are you going?
Me: To San Francisco to see my friend.
At this point i had no idea why i was out of the car or what was going on. The officer then asked me if i had any drugs or any large amounts of currency in my car, i then responded with "yes there is money in my car" * the amount will not be disclosed until further advice is given from attorneys but will note that the amount is under $20,000.00*. the officer then asked if i was a medical marijuana patient, i then replied that yes i was. the officer then asked if i had any marijuana in my car. i then told him that i did in fact have marijuana in my car.
The officer then stated "in compliance with proposition 215 I AM GOING TO SEARCH YOUR VEHICLE"
the officer then placed me in handcuffs and then into the back of his car, also doing the same with my uncle.
i then got to sit in the back of the police cruiser and watch as two officers and a drug interdiction dog tore through everything in my car while in hand cuffs (please keep in mind that i not only had my 3 bags with clothes because i'm moving but my uncle's bags with clothes as well because he was going down to the bay) everything was emptied (also keep in mind that i am a trained Marine who knows how to pack alot of clothes into a small space).
The money was found in two places:
My duffle bag behind my seat in my car and in a locked fender well in the back of the car
NO drugs were found in the car. What was found in the car was approx. 2 grams of Medicinal Marijuana that was for personal use. THAT WAS IT!!!
the officers then took myself as well as my uncle out of the car and stated that the drug interdiction dog had found my money and not only that, it had the scent of narcotics on the currency (note: i am a legal medicinal marijuana patient)
no money was taken from my person which was about 150 dollars in U.S. currency.
the 2 grams of marijuana was left in the car.
interior car panels were destroyed in the process of searching my vehicle.
all clothes were piled up with car parts from my emergency roadside equipment (ie. tire, tire tool, etc.) in the back of my car. i own a 1987 Chevy Camaro so it's alot of stuff to stick back there in a pile in the front of the rear window.
After approximately 45 minutes of searching the officers then pulled myself and my uncle out of the police cruiser. i was then taken aside by the officer who pulled me over and told that "no crimes were commited and i had to be let go and at any time during the questioning".
So i asked to leave and the officer said that he was taking my money because "it had the scent of narcotics" on it and it had to be taken as evidence. (keep in mind that i was never cited nor was i under arrest for doing anything wrong)
there are other slanderous things that were spoken by the officer against my personal character by the detaining officer and can be discussed with a representing attorney.
the officer then had a call for a drive by shooting that was somewhere else in petaluma. so the drug interdiction dog officer left and the officer who first pulled me over had to write me a receipt for the money he was taking. so he did and left. i was left with the money in my pocket and a nice big mess that was in the back of my car (the officer stated "i know you notice the mess i left in the back of your car, and it's there because i know what you're doing so i don't have to put it back the way i found it")
the officer then left to assist in the drive by shooting case (not my problem)
two days later when i had spent up all my money trying to talk to lawyers in ukiah (to no avail) as well as San Fransisco (also to no avail) i ran out of gas driving southbound on US 101, i then had an anxiety attack because i had not been medicated for days due to lack of funds, as well as built up stress from situation. i was then approached by highway patrol because i was in what appeared to be a broke down vehicle on the freeway. the officer who approached me took my demeanor to be suicidal and then admitted me to San Fransisco County General Hospital for overnight protection and suicide watch. I then spoke with a mental health professional and given a dose of antipsychotics. the next day i was released to myself with a bill for towing and storage of my vehicle which still had no gas. i then had to ask friends for money and was helped by generous friends with a place to stay as well as money to help with my situation.
What i'm looking for: Legal representation or legal council to give advice for the return of my money as well as suing the city for destruction of personal property and emotional damage.
what i know: it was an illegal search and ceizure
i have absolutely no criminal record nor do i have criminal charges pending against me.
i have pictures of car panels that were broken by the officers inside my car.
i don't see the reason for my mistreatment, and even more so i don't see how they can see themselves as protecting and serving. i have never had a fear from the law enforcement which i have respected my whole life. i was respectful as well as compliant through the whole ordeal.
if you can, please get back to me or post your thoughts on this blog. it would mean alot to me.
if you would like correspondence you can leave your name and how i can reach you in your post.
thank you and God bless America