Ex-Rohnert Park Cops Indicted on Federal Extortion, Conspiracy Charges Linked to Marijuana Seizures
Former Rohnert Park Cops Accused of ‘Highway Robbery’ Face Federal Charges
'Slammed': Many California Casinos Are Still Open, and Some Workers Are Worried
Rohnert Park Payouts Set to Top $1.8 Million Over Marijuana and Cash Seizures
Rohnert Park to Settle One Lawsuit Over Illegal Pot Seizures as 5 More Plaintiffs Sue
Probe Into Rohnert Park Cannabis and Cash Seizures Will Stay Secret, Despite Transparency Law
Rohnert Park Police Department Says It’s Fixing Seizure Policies as It Faces Yet Another Suit
Lawsuit: Rohnert Park, Hopland Police Conspired to Steal Cannabis and Cash on Highway 101
Federal Jury: Rohnert Park Police Violated Couple’s Constitutional Rights
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Both officers entered not guilty pleas.\u003c/p>\n\u003cp>In 2018, KQED first reported on a string of motorists who alleged then-Sgt. Brendan Jacy Tatum and his partner Joseph Huffaker unlawfully seized marijuana or cash from them during traffic stops along Highway 101.\u003c/p>\n\u003cp>Both Tatum and Huffaker are currently out of custody on bail, and the arraignment took place via Zoom due to COVID-19 restrictions, with U.S. Magistrate Judge Sallie Kim presiding. The charges they face come with a maximum sentence of 60 to 65 years if served consecutively.\u003c/p>\n\u003cp>The \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/09/TatumHuffakerIndictment.pdf\">indictment\u003c/a> handed down by a federal grand jury on Tuesday alleges that the two abused their power as police officers to extort people during traffic stops by “claiming to be ATF [Bureau of Alcohol, Tobacco, Firearms and Explosives] agents, threatening to arrest drivers” and then seizing their marijuana “without reporting or checking the seized property into evidence, or documenting or reporting the stop and seizure.”\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 noreferrer\">\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 noreferrer\">\u003cimg 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\">\u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener noreferrer\">Read KQED's 2018 investigation\u003c/a>: 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>Tatum’s lawyer declined to comment. Huffaker’s attorney, Heather Phillips, said in an email that she looks forward to presenting her defense “so that the entire story can be revealed and Mr. Huffaker's name can be cleared. He did not do this and we are confident that a neutral jury will see that.”\u003c/p>\n\u003cp>“It is easy to get an indictment, as the defendant and his attorney are not allowed to take part in the grand jury proceedings,” Phillips said. “It is solely a one-sided presentation of the prosecution's case, and the burden of proof is very low.”\u003c/p>\n\u003cp>The indictment details six traffic stops Tatum made in 2016, either with Huffaker or with another officer, while he was head of a drug interdiction task force. These stops were recorded on police body cameras, but they were never documented in incident reports, according to the indictment. The indictment also says Tatum also failed to get destruction orders for the approximately 60 pounds of marijuana seized during the stops.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11678122/documentation-missing-for-at-least-800-pounds-of-marijuana-seized-by-rohnert-park-police\">In 2018, KQED reported that destruction orders were missing for hundreds of pounds of marijuana seized by Rohnert Park officers.\u003c/a>\u003c/p>\n\u003cp>After the interdiction team was discontinued in late 2017, Tatum and Huffaker continued to seize marijuana from motorists, according to the indictment, but during this time they were out of uniform and posing as ATF agents.\u003c/p>\n\u003cp>The indictment alleges that the two would then sell the seized marijuana for cash.\u003c/p>\n\u003cp>Tatum also faces tax evasion charges. The indictment alleges that he used cash to buy cashier’s checks for the purchase a $46,835 fishing boat, and that he and his family members deposited a total of $396,224 in various bank accounts in increments of less than $10,000 that were never reported as taxable income. Bank deposits of $10,000 and up are automatically reported to the federal government.\u003c/p>\n\u003cp>Tatum left the Rohnert Park Department of Public Safety in June 2018 after KQED reported on the allegations against him. The \u003ca href=\"https://www.kqed.org/news/11681642/rohnert-park-police-chief-to-retire-amid-questions-over-seized-marijuana-and-cash\">police chief\u003c/a> and a number of Tatum’s supervisors also retired that same year. Huffaker left the department in early 2019 under the conditions of a settlement agreement he reached with the city.\u003c/p>\n\u003ch3>Another lawsuit is filed\u003c/h3>\n\u003cp>Zeke Flatten, the motorist who first came forward to independent reporter Kym Kemp in 2018 to say he had been robbed by police officers posing as ATF agents, filed a new lawsuit this month alleging that the conspiracy to seize and sell marijuana went far beyond Tatum and Huffaker.\u003c/p>\n\u003cp>[aside postID=\"news_11864589,news_11678122,news_11681642,news_11706921\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-1200x800.jpg\" heroLink=\"https://www.kqed.org/news/tag/highway-robbery-series\" target=\"_blank\" label=\"More From 'Highway Robbery' Series\"]\u003c/p>\n\u003cp>Flatten has long maintained that Tatum was not present when he was stopped on Dec. 5, 2017. The suit alleges that the man with Huffaker that day was actually a Mendocino County sheriff’s sergeant in charge of the county’s marijuana enforcement team named Bruce Smith.\u003c/p>\n\u003cp>The suit alleges that on Dec. 22, 2017, Smith also seized 1,875 pounds of marijuana worth nearly $2 million from a “legally licensed distributor,” but “the seized cannabis has disappeared with no records proving it was destroyed.”\u003c/p>\n\u003cp>Three other plaintiffs are suing Mendocino County along with Flatten. They similarly allege that marijuana was taken from them illegally by Smith and by a California Department of Fish and Wildlife officer named Steven White.\u003c/p>\n\u003cp>Finally, the suit alleges that the defendants, who include the Mendocino sheriff and the district attorney, were operating as an organized criminal enterprise under the RICO Act, an anti-racketeering law.\u003c/p>\n\u003cp>Lawyers for the defendants all have moved to dismiss the case arguing that the evidence cited by Flatten and his fellow plaintiffs doesn’t meet the high bar required for a RICO case.\u003c/p>\n\u003cp>Lawyers for the county also pointed out that on Dec. 4, 2017, Smith began working for the Lake County district attorney and so could not have been acting for Mendocino even if he was involved in the Dec. 5 stop.\u003c/p>\n\u003cp>In a motion to dismiss, lawyers for White argued that there was nothing to connect him to the Flatten stop and that the other plaintiffs can’t sue him again because they are already suing him.\u003c/p>\n\u003cp>Last year, the city of Rohnert Park settled with Flatten and a number of other accusers for around $1.8 million.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"In 2018, KQED first reported on a string of motorists who alleged then-Sgt. Brendan Jacy Tatum and his partner, Joseph Huffaker, unlawfully seized marijuana or cash from them during traffic stops along Highway 101.","status":"publish","parent":0,"modified":1632528830,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":984},"headData":{"title":"Ex-Rohnert Park Cops Indicted on Federal Extortion, Conspiracy Charges Linked to Marijuana Seizures | KQED","description":"In 2018, KQED first reported on a string of motorists who alleged then-Sgt. Brendan Jacy Tatum and his partner, Joseph Huffaker, unlawfully seized marijuana or cash from them during traffic stops along Highway 101.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Ex-Rohnert Park Cops Indicted on Federal Extortion, Conspiracy Charges Linked to Marijuana Seizures","datePublished":"2021-09-24T22:46:12.000Z","dateModified":"2021-09-25T00:13:50.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11889861 https://ww2.kqed.org/news/?p=11889861","disqusUrl":"https://ww2.kqed.org/news/2021/09/24/ex-rohnert-park-cops-indicted-on-federal-extortion-conspiracy-charges-linked-to-marijuana-seizures/","disqusTitle":"Ex-Rohnert Park Cops Indicted on Federal Extortion, Conspiracy Charges Linked to Marijuana Seizures","path":"/news/11889861/ex-rohnert-park-cops-indicted-on-federal-extortion-conspiracy-charges-linked-to-marijuana-seizures","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Two former Rohnert Park Department of Public Safety police officers were arraigned Friday on federal charges including extortion and conspiracy in connection with marijuana seizures made in 2016 and 2017. Both officers entered not guilty pleas.\u003c/p>\n\u003cp>In 2018, KQED first reported on a string of motorists who alleged then-Sgt. Brendan Jacy Tatum and his partner Joseph Huffaker unlawfully seized marijuana or cash from them during traffic stops along Highway 101.\u003c/p>\n\u003cp>Both Tatum and Huffaker are currently out of custody on bail, and the arraignment took place via Zoom due to COVID-19 restrictions, with U.S. Magistrate Judge Sallie Kim presiding. The charges they face come with a maximum sentence of 60 to 65 years if served consecutively.\u003c/p>\n\u003cp>The \u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2021/09/TatumHuffakerIndictment.pdf\">indictment\u003c/a> handed down by a federal grand jury on Tuesday alleges that the two abused their power as police officers to extort people during traffic stops by “claiming to be ATF [Bureau of Alcohol, Tobacco, Firearms and Explosives] agents, threatening to arrest drivers” and then seizing their marijuana “without reporting or checking the seized property into evidence, or documenting or reporting the stop and seizure.”\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 noreferrer\">\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 noreferrer\">\u003cimg 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\">\u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener noreferrer\">Read KQED's 2018 investigation\u003c/a>: 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>Tatum’s lawyer declined to comment. Huffaker’s attorney, Heather Phillips, said in an email that she looks forward to presenting her defense “so that the entire story can be revealed and Mr. Huffaker's name can be cleared. He did not do this and we are confident that a neutral jury will see that.”\u003c/p>\n\u003cp>“It is easy to get an indictment, as the defendant and his attorney are not allowed to take part in the grand jury proceedings,” Phillips said. “It is solely a one-sided presentation of the prosecution's case, and the burden of proof is very low.”\u003c/p>\n\u003cp>The indictment details six traffic stops Tatum made in 2016, either with Huffaker or with another officer, while he was head of a drug interdiction task force. These stops were recorded on police body cameras, but they were never documented in incident reports, according to the indictment. The indictment also says Tatum also failed to get destruction orders for the approximately 60 pounds of marijuana seized during the stops.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11678122/documentation-missing-for-at-least-800-pounds-of-marijuana-seized-by-rohnert-park-police\">In 2018, KQED reported that destruction orders were missing for hundreds of pounds of marijuana seized by Rohnert Park officers.\u003c/a>\u003c/p>\n\u003cp>After the interdiction team was discontinued in late 2017, Tatum and Huffaker continued to seize marijuana from motorists, according to the indictment, but during this time they were out of uniform and posing as ATF agents.\u003c/p>\n\u003cp>The indictment alleges that the two would then sell the seized marijuana for cash.\u003c/p>\n\u003cp>Tatum also faces tax evasion charges. The indictment alleges that he used cash to buy cashier’s checks for the purchase a $46,835 fishing boat, and that he and his family members deposited a total of $396,224 in various bank accounts in increments of less than $10,000 that were never reported as taxable income. Bank deposits of $10,000 and up are automatically reported to the federal government.\u003c/p>\n\u003cp>Tatum left the Rohnert Park Department of Public Safety in June 2018 after KQED reported on the allegations against him. The \u003ca href=\"https://www.kqed.org/news/11681642/rohnert-park-police-chief-to-retire-amid-questions-over-seized-marijuana-and-cash\">police chief\u003c/a> and a number of Tatum’s supervisors also retired that same year. Huffaker left the department in early 2019 under the conditions of a settlement agreement he reached with the city.\u003c/p>\n\u003ch3>Another lawsuit is filed\u003c/h3>\n\u003cp>Zeke Flatten, the motorist who first came forward to independent reporter Kym Kemp in 2018 to say he had been robbed by police officers posing as ATF agents, filed a new lawsuit this month alleging that the conspiracy to seize and sell marijuana went far beyond Tatum and Huffaker.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11864589,news_11678122,news_11681642,news_11706921","hero":"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-1200x800.jpg","herolink":"https://www.kqed.org/news/tag/highway-robbery-series","target":"_blank","label":"More From 'Highway Robbery' Series "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Flatten has long maintained that Tatum was not present when he was stopped on Dec. 5, 2017. The suit alleges that the man with Huffaker that day was actually a Mendocino County sheriff’s sergeant in charge of the county’s marijuana enforcement team named Bruce Smith.\u003c/p>\n\u003cp>The suit alleges that on Dec. 22, 2017, Smith also seized 1,875 pounds of marijuana worth nearly $2 million from a “legally licensed distributor,” but “the seized cannabis has disappeared with no records proving it was destroyed.”\u003c/p>\n\u003cp>Three other plaintiffs are suing Mendocino County along with Flatten. They similarly allege that marijuana was taken from them illegally by Smith and by a California Department of Fish and Wildlife officer named Steven White.\u003c/p>\n\u003cp>Finally, the suit alleges that the defendants, who include the Mendocino sheriff and the district attorney, were operating as an organized criminal enterprise under the RICO Act, an anti-racketeering law.\u003c/p>\n\u003cp>Lawyers for the defendants all have moved to dismiss the case arguing that the evidence cited by Flatten and his fellow plaintiffs doesn’t meet the high bar required for a RICO case.\u003c/p>\n\u003cp>Lawyers for the county also pointed out that on Dec. 4, 2017, Smith began working for the Lake County district attorney and so could not have been acting for Mendocino even if he was involved in the Dec. 5 stop.\u003c/p>\n\u003cp>In a motion to dismiss, lawyers for White argued that there was nothing to connect him to the Flatten stop and that the other plaintiffs can’t sue him again because they are already suing him.\u003c/p>\n\u003cp>Last year, the city of Rohnert Park settled with Flatten and a number of other accusers for around $1.8 million.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11889861/ex-rohnert-park-cops-indicted-on-federal-extortion-conspiracy-charges-linked-to-marijuana-seizures","authors":["8676"],"categories":["news_8"],"tags":["news_24519","news_24356","news_29940","news_102","news_5026"],"featImg":"news_11673488","label":"news"},"news_11864589":{"type":"posts","id":"news_11864589","meta":{"index":"posts_1591205157","site":"news","id":"11864589","score":null,"sort":[1615603144000]},"guestAuthors":[],"slug":"former-rohnert-park-cops-accused-of-highway-robbery-face-federal-charges","title":"Former Rohnert Park Cops Accused of ‘Highway Robbery’ Face Federal Charges","publishDate":1615603144,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Two former Rohnert Park police officers are facing federal corruption charges of conspiracy, extortion, falsification of records and tax evasion, all tied to an alleged years-long scheme to pull over and rob people of cash and marijuana.\u003c/p>\n\u003cp>Brendon Jacy Tatum and Joseph Huffaker were assigned to Rohnert Park’s drug interdiction team at various times between 2015 and 2017, according to a federal criminal complaint unsealed Friday. The program was aimed at seizing illegal drugs and cash proceeds trafficked along the Highway 101 corridor. Over about four years, Rohnert Park Department of Public Safety officers seized $3.6 million and 2½ tons of marijuana, according to an \u003ca href=\"https://www.kqed.org/news/11735983/probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law\" target=\"_blank\" rel=\"noopener noreferrer\">analysis\u003c/a> of records from the program.\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 noreferrer\">\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 noreferrer\">\u003cimg 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\">\u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener noreferrer\">Read KQED's 2018 investigation\u003c/a>: 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>Cities and police departments can legally take people’s money and seize property if it’s tied to illegal activity through a process called civil asset forfeiture. The department gets to keep a cut of whatever they take, providing a monetary incentive to confiscate cash and make narcotics busts. Former Sgt. Jacy Tatum was in charge of the drug interdiction team and supervised asset forfeiture, according to the complaint.\u003c/p>\n\u003cp>But not everything that Tatum and Huffaker seized was legal, the complaint alleges. A number of motorists had paperwork to prove they were transporting legal cannabis for testing or to medical marijuana dispensaries. But the officers took their cannabis product or cash anyway, and in some cases failed to properly document those seizures.\u003c/p>\n\u003cp>The federal criminal complaint alleges that Tatum extorted at least $3,700 in cash and “significant amounts of marijuana,” and was aided by Huffaker in at least one of the illegal stops.\u003c/p>\n\u003cp>“Tatum and other officers made no reports of the seizure, did not submit the marijuana or assets into evidence, and sought no destruction orders for the marijuana,” a press release from the Northern California U.S. Attorney’s Office says.\u003cbr>\n[ad fullwidth]\u003cbr>\nA KQED investigation in 2018 found that documentation for the destruction of about \u003ca href=\"https://www.kqed.org/news/11678122/documentation-missing-for-at-least-800-pounds-of-marijuana-seized-by-rohnert-park-police\" target=\"_blank\" rel=\"noopener noreferrer\">800 pounds of marijuana seized by Rohnert Park officers was missing\u003c/a> from court files.\u003c/p>\n\u003cp>Federal prosecutors charge that Tatum and Huffaker continued extorting motorists even after Rohnert Park ended its drug interdiction program in 2017.\u003c/p>\n\u003cp>In December of that year, two men allegedly impersonated agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives when they pulled over Texas resident Zeke Flatten about 50 miles North of Rohnert Park and across the Mendocino County line. The FBI is charging Tatum and Huffaker in connection with this stop. Flatten said that Huffaker was there but Tatum was not.\u003c/p>\n\u003cp>The officers didn’t identify themselves, but they took about $3,000 worth of marijuana Flatten was driving from a farm in Humboldt County to a lab in Santa Rosa, according to the complaint.\u003c/p>\n\u003cp>But Flatten didn’t go quietly. He reported the stop to Mendocino County law enforcement and the FBI. By early 2018, he’d also told his story to independent reporter Kym Kemp, who started \u003ca href=\"https://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 noreferrer\">asking questions\u003c/a>.[aside postID=\"news_11678122,news_11681642,news_11706921\" hero=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-1200x800.jpg\" heroLink=\"https://www.kqed.org/news/tag/highway-robbery-series\" target=\"_blank\" label=\"More From 'Highway Robbery' Series\"]\u003c/p>\n\u003cp>Tatum drafted a press release on Feb. 13, 2018, months after the Flatten stop, touting a large “black market” marijuana bust by Rohnert Park police. Tatum “then prepared a false police report to conceal his criminal activity,” according to federal prosecutors.\u003c/p>\n\u003cp>“Prior to February 13, 2018, TATUM told Commander J.T. that there was a female reporter up north writing articles linking a stop to the Mendocino County Sheriff’s office and the Hopland Tribal police,” the criminal complaint says. “Tatum clarified that it was actually an interdiction stop conducted by RPDPS and that he wanted to correctly identify the law enforcement agency responsible for the stop.”\u003c/p>\n\u003cp>Tatum didn’t write a police report on the Dec. 5 seizure until Feb. 20, and he recorded the amount of marijuana and other details from a different case in that report. The FBI’s investigation found probable cause that Tatum “falsified a report for the undocumented stop and seizure of marijuana from (Flatten) in order to conceal his and HUFFAKER’s actions during the stop and deflect negative media attention.”\u003c/p>\n\u003cp>Flatten said Friday that he hoped the federal prosecution would prompt officers to “come clean” and hold each other accountable for “the dishonor they did to themselves and their badge and their community.”\u003c/p>\n\u003cp>“These guys are not going to get away with what they were doing,” he added.\u003c/p>\n\u003cp>After Flatten’s case became public, more drivers started to come forward with accounts of shady encounters with Rohnert Park officers intent on seizing cash and marijuana during pretextual traffic stops. KQED and Kemp spoke to a total of nine people with similar stories in a \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener noreferrer\">collaborative investigative report\u003c/a> published in summer of 2018.\u003c/p>\n\u003cp>The criminal complaint details six traffic stops, four from 2016, the Flatten case, and another stop about two weeks later, on Dec. 18, 2017.\u003c/p>\n\u003cp>Tatum can be heard on body camera video telling one driver “there is no such thing as easy money” before the former officer illegally seized $3,700 in cash and $22,400 in marijuana, according to the complaint. Other than Huffaker, the charging document conceals the identities of other Rohnert Park officers who were with Tatum during the stops.\u003c/p>\n\u003cp>Huedell Freeman was pulled over by the officers a year before Flatten, in December 2016. They took 47 pounds of medical cannabis from him. Now, he said he feels very satisfied with the announcement of criminal charges.\u003c/p>\n\u003cp>“I did not have any idea that this journey would end up where it did,” he said. “I feel vindicated.”\u003c/p>\n\u003cp>Flatten, Freeman, and seven other drivers sued Rohnert Park and all won settlements in the past year, \u003ca href=\"https://www.kqed.org/news/11802870/rohnert-park-payouts-set-to-top-1-8-million-over-marijuana-and-cash-seizures\" target=\"_blank\" rel=\"noopener noreferrer\">totaling $1.8 million\u003c/a>.\u003c/p>\n\u003cp>Tatum and Huffaker are both charged with conspiracy to commit extortion under color of official right, which carries a maximum 20-year prison sentence. Tatum is further charged with falsifying records in a federal investigation and tax evasion, which carry a combined 25-year maximum sentence.[aside postID=\"news_11702984,news_11701249,news_11700572\" heroLink=\"https://www.kqed.org/news/tag/highway-robbery-series\" target=\"_blank\" label=\"More on Ex-Sgt. Jacy Tatum\"]\u003c/p>\n\u003cp>Prosecutors allege that in 2016, Tatum deposited hundreds of thousands of dollars into his and his wife’s bank accounts and bought a $46,000 fishing boat, totaling over $440,000 that wasn’t reported on the former officer’s tax returns. The cash deposits were all in amounts under $10,000, “in an apparent attempt to avoid banking laws requiring disclosure,” according to prosecutors.\u003c/p>\n\u003cp>Tatum’s cash deposits “decreased significantly” after he resigned from the Rohnert Park Department of Public Safety in 2018, according to the complaint.\u003c/p>\n\u003cp>“There's no greater responsibility for law enforcement than to abide by the oath of office and respect the constitutional rights of all people,” said Sid Patel, assistant special agent in charge for the FBI's San Francisco office. “And this was a serious breach of public trust.”\u003c/p>\n\u003cp>Rohnert Park city officials issued a statement saying that they cooperated with the FBI investigation and that they “do not tolerate” corruption among their police staff.\u003c/p>\n\u003cp>Flatten alleges that the scheme went beyond the two officers who are now facing charges. He said his hope is that Tatum and Huffaker cooperate with the investigation and expose other co-conspirators.\u003c/p>\n\u003cp>“They owe that to their own community because it definitely does go much higher than them,” Flatten said. “And there are more people that should be held accountable.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"One officer, Brendon Jacy Tatum, faces charges of falsifying a police report and tax evasion of alleged proceeds from 'significant amounts of marijuana' that he seized but kept off the books.","status":"publish","parent":0,"modified":1615603567,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":29,"wordCount":1361},"headData":{"title":"Former Rohnert Park Cops Accused of ‘Highway Robbery’ Face Federal Charges | KQED","description":"One officer, Brendon Jacy Tatum, faces charges of falsifying a police report and tax evasion of alleged proceeds from 'significant amounts of marijuana' that he seized but kept off the books.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Former Rohnert Park Cops Accused of ‘Highway Robbery’ Face Federal Charges","datePublished":"2021-03-13T02:39:04.000Z","dateModified":"2021-03-13T02:46:07.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11864589 https://ww2.kqed.org/news/?p=11864589","disqusUrl":"https://ww2.kqed.org/news/2021/03/12/former-rohnert-park-cops-accused-of-highway-robbery-face-federal-charges/","disqusTitle":"Former Rohnert Park Cops Accused of ‘Highway Robbery’ Face Federal Charges","path":"/news/11864589/former-rohnert-park-cops-accused-of-highway-robbery-face-federal-charges","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Two former Rohnert Park police officers are facing federal corruption charges of conspiracy, extortion, falsification of records and tax evasion, all tied to an alleged years-long scheme to pull over and rob people of cash and marijuana.\u003c/p>\n\u003cp>Brendon Jacy Tatum and Joseph Huffaker were assigned to Rohnert Park’s drug interdiction team at various times between 2015 and 2017, according to a federal criminal complaint unsealed Friday. The program was aimed at seizing illegal drugs and cash proceeds trafficked along the Highway 101 corridor. Over about four years, Rohnert Park Department of Public Safety officers seized $3.6 million and 2½ tons of marijuana, according to an \u003ca href=\"https://www.kqed.org/news/11735983/probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law\" target=\"_blank\" rel=\"noopener noreferrer\">analysis\u003c/a> of records from the program.\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 noreferrer\">\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 noreferrer\">\u003cimg 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\">\u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener noreferrer\">Read KQED's 2018 investigation\u003c/a>: 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>Cities and police departments can legally take people’s money and seize property if it’s tied to illegal activity through a process called civil asset forfeiture. The department gets to keep a cut of whatever they take, providing a monetary incentive to confiscate cash and make narcotics busts. Former Sgt. Jacy Tatum was in charge of the drug interdiction team and supervised asset forfeiture, according to the complaint.\u003c/p>\n\u003cp>But not everything that Tatum and Huffaker seized was legal, the complaint alleges. A number of motorists had paperwork to prove they were transporting legal cannabis for testing or to medical marijuana dispensaries. But the officers took their cannabis product or cash anyway, and in some cases failed to properly document those seizures.\u003c/p>\n\u003cp>The federal criminal complaint alleges that Tatum extorted at least $3,700 in cash and “significant amounts of marijuana,” and was aided by Huffaker in at least one of the illegal stops.\u003c/p>\n\u003cp>“Tatum and other officers made no reports of the seizure, did not submit the marijuana or assets into evidence, and sought no destruction orders for the marijuana,” a press release from the Northern California U.S. Attorney’s Office says.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\nA KQED investigation in 2018 found that documentation for the destruction of about \u003ca href=\"https://www.kqed.org/news/11678122/documentation-missing-for-at-least-800-pounds-of-marijuana-seized-by-rohnert-park-police\" target=\"_blank\" rel=\"noopener noreferrer\">800 pounds of marijuana seized by Rohnert Park officers was missing\u003c/a> from court files.\u003c/p>\n\u003cp>Federal prosecutors charge that Tatum and Huffaker continued extorting motorists even after Rohnert Park ended its drug interdiction program in 2017.\u003c/p>\n\u003cp>In December of that year, two men allegedly impersonated agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives when they pulled over Texas resident Zeke Flatten about 50 miles North of Rohnert Park and across the Mendocino County line. The FBI is charging Tatum and Huffaker in connection with this stop. Flatten said that Huffaker was there but Tatum was not.\u003c/p>\n\u003cp>The officers didn’t identify themselves, but they took about $3,000 worth of marijuana Flatten was driving from a farm in Humboldt County to a lab in Santa Rosa, according to the complaint.\u003c/p>\n\u003cp>But Flatten didn’t go quietly. He reported the stop to Mendocino County law enforcement and the FBI. By early 2018, he’d also told his story to independent reporter Kym Kemp, who started \u003ca href=\"https://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 noreferrer\">asking questions\u003c/a>.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11678122,news_11681642,news_11706921","hero":"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31346_IMG_3556-1200x800.jpg","herolink":"https://www.kqed.org/news/tag/highway-robbery-series","target":"_blank","label":"More From 'Highway Robbery' Series "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Tatum drafted a press release on Feb. 13, 2018, months after the Flatten stop, touting a large “black market” marijuana bust by Rohnert Park police. Tatum “then prepared a false police report to conceal his criminal activity,” according to federal prosecutors.\u003c/p>\n\u003cp>“Prior to February 13, 2018, TATUM told Commander J.T. that there was a female reporter up north writing articles linking a stop to the Mendocino County Sheriff’s office and the Hopland Tribal police,” the criminal complaint says. “Tatum clarified that it was actually an interdiction stop conducted by RPDPS and that he wanted to correctly identify the law enforcement agency responsible for the stop.”\u003c/p>\n\u003cp>Tatum didn’t write a police report on the Dec. 5 seizure until Feb. 20, and he recorded the amount of marijuana and other details from a different case in that report. The FBI’s investigation found probable cause that Tatum “falsified a report for the undocumented stop and seizure of marijuana from (Flatten) in order to conceal his and HUFFAKER’s actions during the stop and deflect negative media attention.”\u003c/p>\n\u003cp>Flatten said Friday that he hoped the federal prosecution would prompt officers to “come clean” and hold each other accountable for “the dishonor they did to themselves and their badge and their community.”\u003c/p>\n\u003cp>“These guys are not going to get away with what they were doing,” he added.\u003c/p>\n\u003cp>After Flatten’s case became public, more drivers started to come forward with accounts of shady encounters with Rohnert Park officers intent on seizing cash and marijuana during pretextual traffic stops. KQED and Kemp spoke to a total of nine people with similar stories in a \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener noreferrer\">collaborative investigative report\u003c/a> published in summer of 2018.\u003c/p>\n\u003cp>The criminal complaint details six traffic stops, four from 2016, the Flatten case, and another stop about two weeks later, on Dec. 18, 2017.\u003c/p>\n\u003cp>Tatum can be heard on body camera video telling one driver “there is no such thing as easy money” before the former officer illegally seized $3,700 in cash and $22,400 in marijuana, according to the complaint. Other than Huffaker, the charging document conceals the identities of other Rohnert Park officers who were with Tatum during the stops.\u003c/p>\n\u003cp>Huedell Freeman was pulled over by the officers a year before Flatten, in December 2016. They took 47 pounds of medical cannabis from him. Now, he said he feels very satisfied with the announcement of criminal charges.\u003c/p>\n\u003cp>“I did not have any idea that this journey would end up where it did,” he said. “I feel vindicated.”\u003c/p>\n\u003cp>Flatten, Freeman, and seven other drivers sued Rohnert Park and all won settlements in the past year, \u003ca href=\"https://www.kqed.org/news/11802870/rohnert-park-payouts-set-to-top-1-8-million-over-marijuana-and-cash-seizures\" target=\"_blank\" rel=\"noopener noreferrer\">totaling $1.8 million\u003c/a>.\u003c/p>\n\u003cp>Tatum and Huffaker are both charged with conspiracy to commit extortion under color of official right, which carries a maximum 20-year prison sentence. Tatum is further charged with falsifying records in a federal investigation and tax evasion, which carry a combined 25-year maximum sentence.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11702984,news_11701249,news_11700572","herolink":"https://www.kqed.org/news/tag/highway-robbery-series","target":"_blank","label":"More on Ex-Sgt. Jacy Tatum "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Prosecutors allege that in 2016, Tatum deposited hundreds of thousands of dollars into his and his wife’s bank accounts and bought a $46,000 fishing boat, totaling over $440,000 that wasn’t reported on the former officer’s tax returns. The cash deposits were all in amounts under $10,000, “in an apparent attempt to avoid banking laws requiring disclosure,” according to prosecutors.\u003c/p>\n\u003cp>Tatum’s cash deposits “decreased significantly” after he resigned from the Rohnert Park Department of Public Safety in 2018, according to the complaint.\u003c/p>\n\u003cp>“There's no greater responsibility for law enforcement than to abide by the oath of office and respect the constitutional rights of all people,” said Sid Patel, assistant special agent in charge for the FBI's San Francisco office. “And this was a serious breach of public trust.”\u003c/p>\n\u003cp>Rohnert Park city officials issued a statement saying that they cooperated with the FBI investigation and that they “do not tolerate” corruption among their police staff.\u003c/p>\n\u003cp>Flatten alleges that the scheme went beyond the two officers who are now facing charges. He said his hope is that Tatum and Huffaker cooperate with the investigation and expose other co-conspirators.\u003c/p>\n\u003cp>“They owe that to their own community because it definitely does go much higher than them,” Flatten said. “And there are more people that should be held accountable.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11864589/former-rohnert-park-cops-accused-of-highway-robbery-face-federal-charges","authors":["8676","3206"],"categories":["news_6188","news_8"],"tags":["news_24519","news_19963","news_17725","news_24356","news_102","news_5026"],"featImg":"news_11864661","label":"news"},"news_11853491":{"type":"posts","id":"news_11853491","meta":{"index":"posts_1591205157","site":"news","id":"11853491","score":null,"sort":[1609858905000]},"guestAuthors":[],"slug":"slammed-many-california-casinos-are-still-open-and-some-workers-are-worried","title":"'Slammed': Many California Casinos Are Still Open, and Some Workers Are Worried","publishDate":1609858905,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>As California continues to grapple with a worsening winter surge of COVID-19 cases, some businesses remain able to operate outside the purview of state shutdown orders aimed to protect public health during the pandemic. Tribal resorts and casinos in California operate under federal law on federally protected sovereign land known as rancherias – so they're not required to comply with orders issued by Gov. Newsom or county officials.\u003c/p>\n\u003cp>The Graton Resort and Casino, located on tribal land in Rohnert Park, came under criticism for announcing that it would host a 4,000-person New Year's Eve party. After a public-shaming, the Sonoma County casino \u003ca href=\"https://www.sfchronicle.com/local-politics/article/Sonoma-casino-cancels-controversial-indoor-New-15827599.php\">canceled the event\u003c/a> last week and \"apologized for any inconvenience\" in a statement online.\u003c/p>\n\u003cp>Sonoma County Public Health Officer Sundari Mase recently \u003ca href=\"https://abc7news.com/graton-casino-new-years-eve-2020-party-sonoma-county-coronavirus/9042379/\">told ABC7 News\u003c/a> the department was working with the casino to mitigate risk, \"in terms of limiting indoor capacity to 20% of what's normal, in terms of enforcing facial coverings or masks and social distancing.\"\u003c/p>\n\u003cp>But the casino may not be adhering to that 20% capacity threshold, according to some employees who say their employer's practices make them fear for their safety.\u003c/p>\n\u003cp>“At a poker table, we're sitting seven players, plus a dealer. That's eight people sitting at a table that's 6 feet long,” said an employee of the Graton Resort and Casino who asked to remain anonymous for fear of losing his job.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Graton Resort and Casino employee\"]'It's scary ... I don't even understand why we're open, honestly.'[/pullquote]\u003c/p>\n\u003cp>The employee, who has worked there for several years, told KQED the casino was “slammed” the last week of December. As the coronavirus surged through the state and regional businesses limited their capacity or shut down entirely, poker players continued traveling to the few places still open.\u003c/p>\n\u003cp>\"They all started traveling up here,” he said, adding that many players are traveling over two hours to spend the day playing poker. “We're sitting with these people for eight hours a day. They're playing 10, 12 hours a day in the same room with the same seats, the same people.\"\u003c/p>\n\u003cp>While players are required to have masks on inside and cannot eat at the poker table, they're allowed to smoke and can sit in the food court and eat.\u003c/p>\n\u003cp>“It's scary ... I don't even understand why we're open, honestly,” he said. But he added that the holidays are one of the biggest times for business and the poker room had every available seat filled on Wednesday, Thursday and Friday over the Christmas holiday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"The Federated Indians of Graton Rancheria continue to work closely with the Sonoma County Public Health Officer,\" said Greg Sarris, Tribal Chairman of the Federated Indians of Graton Rancheria in an emailed statement to KQED. The casino will remain open \"on a limited basis and [it] continues to exceed all CDC safety requirements,\" the statement said, adding that team members are tested for COVID-19 every two weeks and that they wear \"digital devices that ensure social distancing.\" The statement also said casino bars will continue to remain closed, and alcohol service ends at 9 p.m.\u003c/p>\n\u003cp>One of the elements of the \u003ca href=\"https://www.cdc.gov/coronavirus/2019-ncov/community/reopen-guidance.html\" target=\"_blank\" rel=\"noopener noreferrer\">CDC's guidance\u003c/a> is to \"maintain safe behavioral practices,\" which includes social distancing of 6 feet. But as evidenced by images sent by the employee, social distancing is nearly impossible at a poker table.\u003c/p>\n\u003cp>“Many of us are scared for our families and community,” the employee said.\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='worker-safety']With the most recent surge, as someone who is constantly thinking about numbers, the employee said it’s hard to avoid thinking about the potential impact.\u003c/p>\n\u003cp>“We in the poker industry, we're math people — we're statistics people,” he said. “I can't help but think about California's positivity rate — 2% to 3% right now. And if you apply that to 105 people [the poker room capacity], statistically two to three people in that room are positive at any given point.”\u003c/p>\n\u003cp>On Jan. 1, 2021 a new California law, \u003ca href=\"https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/ab685.aspx\" target=\"_blank\" rel=\"noopener noreferrer\">Assembly Bill 685\u003c/a>, went into effect. The law requires employers to notify employees who may have been exposed to COVID-19 and to report workplace outbreaks to the local health department. It also expands the power of California’s Division of Occupational Safety and Health by allowing Cal/OSHA to shut down worksites that expose employees to an “imminent hazard” related to COVID-19. But Cal/OSHA would not have the authority to shut down any work site on tribal land, as those lands fall outside state jurisdiction.\u003c/p>\n\u003ch3>Resources:\u003c/h3>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.dir.ca.gov/dosh/coronavirus/AB6852020FAQs.html\" target=\"_blank\" rel=\"noopener noreferrer\">COVID-19 Infection Prevention Requirements (AB 685)\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://files.covid19.ca.gov/pdf/responding-to-covid19-workplace--en.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Responding to COVID-19 in the Workplace for Employers\u003c/a>: California Department of Public Health guidance for employers on how to respond to cases of COVID-19 in the workplace\u003c/li>\n\u003cli>\u003ca href=\"https://covid19.ca.gov/industry-guidance/\" target=\"_blank\" rel=\"noopener noreferrer\">Industry Guidance to Reduce Risk\u003c/a>: Information and resources for reopening businesses and facilities safely in California\u003c/li>\n\u003cli>\u003ca href=\"https://www.dir.ca.gov/dosh/coronavirus/COVID19FAQs.html\" target=\"_blank\" rel=\"noopener noreferrer\">Cal/OSHA COVID-19 Emergency Temporary Standards\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"As COVID-19 continues to ravage California, some businesses remain outside the purview of state law: resorts and casinos operating under federal law on tribal land.","status":"publish","parent":0,"modified":1609866443,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":860},"headData":{"title":"'Slammed': Many California Casinos Are Still Open, and Some Workers Are Worried | KQED","description":"As COVID-19 continues to ravage California, some businesses remain outside the purview of state law: resorts and casinos operating under federal law on tribal land.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Slammed': Many California Casinos Are Still Open, and Some Workers Are Worried","datePublished":"2021-01-05T15:01:45.000Z","dateModified":"2021-01-05T17:07:23.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11853491 https://ww2.kqed.org/news/?p=11853491","disqusUrl":"https://ww2.kqed.org/news/2021/01/05/slammed-many-california-casinos-are-still-open-and-some-workers-are-worried/","disqusTitle":"'Slammed': Many California Casinos Are Still Open, and Some Workers Are Worried","path":"/news/11853491/slammed-many-california-casinos-are-still-open-and-some-workers-are-worried","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>As California continues to grapple with a worsening winter surge of COVID-19 cases, some businesses remain able to operate outside the purview of state shutdown orders aimed to protect public health during the pandemic. Tribal resorts and casinos in California operate under federal law on federally protected sovereign land known as rancherias – so they're not required to comply with orders issued by Gov. Newsom or county officials.\u003c/p>\n\u003cp>The Graton Resort and Casino, located on tribal land in Rohnert Park, came under criticism for announcing that it would host a 4,000-person New Year's Eve party. After a public-shaming, the Sonoma County casino \u003ca href=\"https://www.sfchronicle.com/local-politics/article/Sonoma-casino-cancels-controversial-indoor-New-15827599.php\">canceled the event\u003c/a> last week and \"apologized for any inconvenience\" in a statement online.\u003c/p>\n\u003cp>Sonoma County Public Health Officer Sundari Mase recently \u003ca href=\"https://abc7news.com/graton-casino-new-years-eve-2020-party-sonoma-county-coronavirus/9042379/\">told ABC7 News\u003c/a> the department was working with the casino to mitigate risk, \"in terms of limiting indoor capacity to 20% of what's normal, in terms of enforcing facial coverings or masks and social distancing.\"\u003c/p>\n\u003cp>But the casino may not be adhering to that 20% capacity threshold, according to some employees who say their employer's practices make them fear for their safety.\u003c/p>\n\u003cp>“At a poker table, we're sitting seven players, plus a dealer. That's eight people sitting at a table that's 6 feet long,” said an employee of the Graton Resort and Casino who asked to remain anonymous for fear of losing his job.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'It's scary ... I don't even understand why we're open, honestly.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Graton Resort and Casino employee","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The employee, who has worked there for several years, told KQED the casino was “slammed” the last week of December. As the coronavirus surged through the state and regional businesses limited their capacity or shut down entirely, poker players continued traveling to the few places still open.\u003c/p>\n\u003cp>\"They all started traveling up here,” he said, adding that many players are traveling over two hours to spend the day playing poker. “We're sitting with these people for eight hours a day. They're playing 10, 12 hours a day in the same room with the same seats, the same people.\"\u003c/p>\n\u003cp>While players are required to have masks on inside and cannot eat at the poker table, they're allowed to smoke and can sit in the food court and eat.\u003c/p>\n\u003cp>“It's scary ... I don't even understand why we're open, honestly,” he said. But he added that the holidays are one of the biggest times for business and the poker room had every available seat filled on Wednesday, Thursday and Friday over the Christmas holiday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"The Federated Indians of Graton Rancheria continue to work closely with the Sonoma County Public Health Officer,\" said Greg Sarris, Tribal Chairman of the Federated Indians of Graton Rancheria in an emailed statement to KQED. The casino will remain open \"on a limited basis and [it] continues to exceed all CDC safety requirements,\" the statement said, adding that team members are tested for COVID-19 every two weeks and that they wear \"digital devices that ensure social distancing.\" The statement also said casino bars will continue to remain closed, and alcohol service ends at 9 p.m.\u003c/p>\n\u003cp>One of the elements of the \u003ca href=\"https://www.cdc.gov/coronavirus/2019-ncov/community/reopen-guidance.html\" target=\"_blank\" rel=\"noopener noreferrer\">CDC's guidance\u003c/a> is to \"maintain safe behavioral practices,\" which includes social distancing of 6 feet. But as evidenced by images sent by the employee, social distancing is nearly impossible at a poker table.\u003c/p>\n\u003cp>“Many of us are scared for our families and community,” the employee said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"worker-safety"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>With the most recent surge, as someone who is constantly thinking about numbers, the employee said it’s hard to avoid thinking about the potential impact.\u003c/p>\n\u003cp>“We in the poker industry, we're math people — we're statistics people,” he said. “I can't help but think about California's positivity rate — 2% to 3% right now. And if you apply that to 105 people [the poker room capacity], statistically two to three people in that room are positive at any given point.”\u003c/p>\n\u003cp>On Jan. 1, 2021 a new California law, \u003ca href=\"https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/ab685.aspx\" target=\"_blank\" rel=\"noopener noreferrer\">Assembly Bill 685\u003c/a>, went into effect. The law requires employers to notify employees who may have been exposed to COVID-19 and to report workplace outbreaks to the local health department. It also expands the power of California’s Division of Occupational Safety and Health by allowing Cal/OSHA to shut down worksites that expose employees to an “imminent hazard” related to COVID-19. But Cal/OSHA would not have the authority to shut down any work site on tribal land, as those lands fall outside state jurisdiction.\u003c/p>\n\u003ch3>Resources:\u003c/h3>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.dir.ca.gov/dosh/coronavirus/AB6852020FAQs.html\" target=\"_blank\" rel=\"noopener noreferrer\">COVID-19 Infection Prevention Requirements (AB 685)\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://files.covid19.ca.gov/pdf/responding-to-covid19-workplace--en.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">Responding to COVID-19 in the Workplace for Employers\u003c/a>: California Department of Public Health guidance for employers on how to respond to cases of COVID-19 in the workplace\u003c/li>\n\u003cli>\u003ca href=\"https://covid19.ca.gov/industry-guidance/\" target=\"_blank\" rel=\"noopener noreferrer\">Industry Guidance to Reduce Risk\u003c/a>: Information and resources for reopening businesses and facilities safely in California\u003c/li>\n\u003cli>\u003ca href=\"https://www.dir.ca.gov/dosh/coronavirus/COVID19FAQs.html\" target=\"_blank\" rel=\"noopener noreferrer\">Cal/OSHA COVID-19 Emergency Temporary Standards\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11853491/slammed-many-california-casinos-are-still-open-and-some-workers-are-worried","authors":["11626"],"categories":["news_1758","news_457","news_8"],"tags":["news_17611","news_18538","news_28969","news_27350","news_27504","news_27626","news_5025","news_19904","news_1262","news_28970","news_5026","news_4981","news_23007"],"featImg":"news_11853687","label":"news"},"news_11802870":{"type":"posts","id":"news_11802870","meta":{"index":"posts_1591205157","site":"news","id":"11802870","score":null,"sort":[1582332038000]},"guestAuthors":[],"slug":"rohnert-park-payouts-set-to-top-1-8-million-over-marijuana-and-cash-seizures","title":"Rohnert Park Payouts Set to Top $1.8 Million Over Marijuana and Cash Seizures","publishDate":1582332038,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Rohnert Park city leaders are set to \u003ca href=\"https://docs.google.com/gview?url=https%3A%2F%2Fgranicus_production_attachments.s3.amazonaws.com%2Frpcity%2F43d9893af36e56795edae974dc13eefc0.pdf&embedded=true\">vote\u003c/a> Tuesday on two settlement agreements with eight men who sued the city over hundreds of pounds of marijuana and $55,000 they say was unlawfully seized during traffic stops.\u003c/p>\n\u003cp>Huedell Freeman, a cannabis cultivator based in Mendocino who said Rohnert Park police officers took 47 pounds of his legal product, will receive \u003ca href=\"https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/536633/7F_Settlement_Agreement_and_Release_Freeman_vs_RP.pdf\">$287,500\u003c/a>. Seven other drivers who jointly filed suit against the city will split a \u003ca href=\"https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/536634/7G_Settlement_Agreement_and_Release_Regarding_Payne_vs_RP.pdf\">$1,175,000\u003c/a> settlement. In August, the city \u003ca href=\"https://www.kqed.org/news/11768671/rohnert-park-settles-one-lawsuit-over-illegal-pot-seizures-5-more-plaintiffs-sue\">settled\u003c/a> with a Texas-based man named Zeke Flatten for $415,000.\u003c/p>\n\u003cp>“The case has conditionally resolved to the mutual satisfaction of the parties,” was all the plaintiffs’ attorney Izaak Schwaiger would say about the case.\u003c/p>\n\u003cp>Rohnert Park Assistant City Manager Don Schwartz wrote in an email that the settlements are in the best interests of the city, as they are less costly than continued litigation, but do not indicate liability or responsibility on the city's part.\u003c/p>\n\u003cp>KQED \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\">first reported\u003c/a> on this pattern of suspicious seizures in 2018 after several drivers came forward with corresponding stories alleging that Rohnert Park police officers pulled them over 40 miles north of their jurisdiction for the purpose of taking their cash or marijuana.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Although Freeman said he couldn’t comment on the settlement, it should finally bring an end to his three-year struggle to get back the cannabis — a year’s worth of income — that he said was unlawfully taken from him during a December 2016 traffic stop.\u003c/p>\n\u003cp>The joint lawsuit \u003ca href=\"https://www.kqed.org/news/11768671/rohnert-park-settles-one-lawsuit-over-illegal-pot-seizures-5-more-plaintiffs-sue\">filed by seven motorists in August\u003c/a> alleges that former Rohnert Park officers Jacy Tatum, Joseph Huffaker and Christopher Snyder collectively took more than 330 pounds of marijuana from them and seized $55,000 in cash but never appropriately documented, destroyed or returned the cash or cannabis.\u003c/p>\n\u003cp>In an unusual legal move, the suit made RICO allegations — stating that the officers were basically acting like an organized crime ring by conspiring to extort drivers and obstruct justice.\u003c/p>\n\u003cp>“The primary officers alleged to have been involved in inappropriate interdiction incidents are no longer with the City,” Schwartz wrote. “There have been no similar allegations against the City since 2017.”\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='rohnert-park']Former Sgt. Jacy Tatum, the officer at the center of the allegations, left the department in June 2018 after the city launched an internal affairs investigation. Then-director Brian Masterson retired in August 2018, and the city \u003ca href=\"https://www.kqed.org/news/11735983/probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law\">forced out\u003c/a> former officer Joseph Huffaker in March 2019.\u003c/p>\n\u003cp>A federal jury \u003ca href=\"https://www.kqed.org/news/11702984/federal-jury-rohnert-park-police-violated-couples-constitutional-rights\">awarded\u003c/a> a Rohnert Park couple $145,000 in damages in November 2019 in a separate case involving Tatum illegally searching their home.\u003c/p>\n\u003cp>In the past year, Schwartz said the city's public safety department has “completed a restructuring to improve oversight and accountability and strengthened policies related to seizure, evidence storage, asset seizure requirements, video surveillance and report writing.”\u003c/p>\n\u003cp>The money for these settlement agreements will be paid for by its insurer, Redwood Empire Municipal Insurance Fund.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"City looks to settle two lawsuits alleging police unlawfully took hundreds of pounds of marijuana and $55,000 in cash from eight different motorists.","status":"publish","parent":0,"modified":1582653720,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":15,"wordCount":509},"headData":{"title":"Rohnert Park Payouts Set to Top $1.8 Million Over Marijuana and Cash Seizures | KQED","description":"City looks to settle two lawsuits alleging police unlawfully took hundreds of pounds of marijuana and $55,000 in cash from eight different motorists.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Rohnert Park Payouts Set to Top $1.8 Million Over Marijuana and Cash Seizures","datePublished":"2020-02-22T00:40:38.000Z","dateModified":"2020-02-25T18:02:00.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11802870 https://ww2.kqed.org/news/?p=11802870","disqusUrl":"https://ww2.kqed.org/news/2020/02/21/rohnert-park-payouts-set-to-top-1-8-million-over-marijuana-and-cash-seizures/","disqusTitle":"Rohnert Park Payouts Set to Top $1.8 Million Over Marijuana and Cash Seizures","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/79724346-e2c1-4d56-9d56-ab6c001be9e4/audio.mp3","path":"/news/11802870/rohnert-park-payouts-set-to-top-1-8-million-over-marijuana-and-cash-seizures","audioDuration":227000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Rohnert Park city leaders are set to \u003ca href=\"https://docs.google.com/gview?url=https%3A%2F%2Fgranicus_production_attachments.s3.amazonaws.com%2Frpcity%2F43d9893af36e56795edae974dc13eefc0.pdf&embedded=true\">vote\u003c/a> Tuesday on two settlement agreements with eight men who sued the city over hundreds of pounds of marijuana and $55,000 they say was unlawfully seized during traffic stops.\u003c/p>\n\u003cp>Huedell Freeman, a cannabis cultivator based in Mendocino who said Rohnert Park police officers took 47 pounds of his legal product, will receive \u003ca href=\"https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/536633/7F_Settlement_Agreement_and_Release_Freeman_vs_RP.pdf\">$287,500\u003c/a>. Seven other drivers who jointly filed suit against the city will split a \u003ca href=\"https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/536634/7G_Settlement_Agreement_and_Release_Regarding_Payne_vs_RP.pdf\">$1,175,000\u003c/a> settlement. In August, the city \u003ca href=\"https://www.kqed.org/news/11768671/rohnert-park-settles-one-lawsuit-over-illegal-pot-seizures-5-more-plaintiffs-sue\">settled\u003c/a> with a Texas-based man named Zeke Flatten for $415,000.\u003c/p>\n\u003cp>“The case has conditionally resolved to the mutual satisfaction of the parties,” was all the plaintiffs’ attorney Izaak Schwaiger would say about the case.\u003c/p>\n\u003cp>Rohnert Park Assistant City Manager Don Schwartz wrote in an email that the settlements are in the best interests of the city, as they are less costly than continued litigation, but do not indicate liability or responsibility on the city's part.\u003c/p>\n\u003cp>KQED \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\">first reported\u003c/a> on this pattern of suspicious seizures in 2018 after several drivers came forward with corresponding stories alleging that Rohnert Park police officers pulled them over 40 miles north of their jurisdiction for the purpose of taking their cash or marijuana.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Although Freeman said he couldn’t comment on the settlement, it should finally bring an end to his three-year struggle to get back the cannabis — a year’s worth of income — that he said was unlawfully taken from him during a December 2016 traffic stop.\u003c/p>\n\u003cp>The joint lawsuit \u003ca href=\"https://www.kqed.org/news/11768671/rohnert-park-settles-one-lawsuit-over-illegal-pot-seizures-5-more-plaintiffs-sue\">filed by seven motorists in August\u003c/a> alleges that former Rohnert Park officers Jacy Tatum, Joseph Huffaker and Christopher Snyder collectively took more than 330 pounds of marijuana from them and seized $55,000 in cash but never appropriately documented, destroyed or returned the cash or cannabis.\u003c/p>\n\u003cp>In an unusual legal move, the suit made RICO allegations — stating that the officers were basically acting like an organized crime ring by conspiring to extort drivers and obstruct justice.\u003c/p>\n\u003cp>“The primary officers alleged to have been involved in inappropriate interdiction incidents are no longer with the City,” Schwartz wrote. “There have been no similar allegations against the City since 2017.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"rohnert-park"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Former Sgt. Jacy Tatum, the officer at the center of the allegations, left the department in June 2018 after the city launched an internal affairs investigation. Then-director Brian Masterson retired in August 2018, and the city \u003ca href=\"https://www.kqed.org/news/11735983/probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law\">forced out\u003c/a> former officer Joseph Huffaker in March 2019.\u003c/p>\n\u003cp>A federal jury \u003ca href=\"https://www.kqed.org/news/11702984/federal-jury-rohnert-park-police-violated-couples-constitutional-rights\">awarded\u003c/a> a Rohnert Park couple $145,000 in damages in November 2019 in a separate case involving Tatum illegally searching their home.\u003c/p>\n\u003cp>In the past year, Schwartz said the city's public safety department has “completed a restructuring to improve oversight and accountability and strengthened policies related to seizure, evidence storage, asset seizure requirements, video surveillance and report writing.”\u003c/p>\n\u003cp>The money for these settlement agreements will be paid for by its insurer, Redwood Empire Municipal Insurance Fund.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11802870/rohnert-park-payouts-set-to-top-1-8-million-over-marijuana-and-cash-seizures","authors":["8676"],"categories":["news_6188","news_8"],"tags":["news_24519","news_19963","news_24356","news_102","news_5026","news_4013"],"featImg":"news_11802872","label":"news"},"news_11768671":{"type":"posts","id":"news_11768671","meta":{"index":"posts_1591205157","site":"news","id":"11768671","score":null,"sort":[1566345329000]},"guestAuthors":[],"slug":"rohnert-park-settles-one-lawsuit-over-illegal-pot-seizures-5-more-plaintiffs-sue","title":"Rohnert Park to Settle One Lawsuit Over Illegal Pot Seizures as 5 More Plaintiffs Sue","publishDate":1566345329,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Lawyers for the city of Rohnert Park have agreed to settle with a Texas man who \u003ca href=\"https://www.kqed.org/news/11706921/lawsuit-rohnert-park-hopland-police-conspired-to-steal-cannabis-and-cash-on-highway-101\" target=\"_blank\" rel=\"noopener\">sued the Police Department\u003c/a> last year over three pounds of legal marijuana seized from him during a 2017 traffic stop. The city will pay Zeke Flatten $415,000, according to his attorney, Izaak Schwaiger, pending approval of the City Council.[pullquote size=\"small\" align=\"right\" citation=\"Izaak Schwaiger, Plaintiffs' Attorney\"]'[W]e've got them dead to rights here.'[/pullquote]\u003c/p>\n\u003cp>The settlement represents \"the most expensive marijuana transaction for 3 pounds of cannabis in the history of the United States,” Schwaiger said. “Rohnert Park just paid $138,000 a pound of marijuana to settle this case with him.”\u003c/p>\n\u003cp>Flatten’s suit accuses the involved officers of extortion, racketeering, obstruction of justice and money laundering. The allegations that a team of police officers operated like an organized crime ring are highly unusual, said civil rights attorney Schwaiger.\u003c/p>\n\u003cp>“As far as the RICO allegations, they're notoriously difficult to prove,” he said. “And we've got them dead to rights here.”\u003c/p>\n\u003cp>The city is not admitting any wrongdoing in connection with the payout, Schwaiger said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Assistant City Manager Don Schwartz said the settlement is pending approval by the City Council and the city’s insurance group. He said they will have to make that decision before the first payment is due Flatten in October.\u003c/p>\n\u003cp>“Not only was this settlement a victory for my particular incident,” Flatten said in a phone interview Tuesday, “but also for all the other victims that never came forward or didn't even know who to approach to come forward.”\u003c/p>\n\u003cp>Flatten \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\">was the first\u003c/a> of a string of motorists who spoke out last year \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">alleging a pattern\u003c/a> of unlawful cash and marijuana seizures by Rohnert Park police officers. A second man, Huedell Freeman, filed suit in December against the city.\u003c/p>\n\u003cp>Five more plaintiffs filed a lawsuit on Friday in connection with the city’s drug seizure program, alleging conspiracy, robbery, money laundering and racketeering.\u003c/p>\n\u003cp>One of the plaintiffs, Joshua Surrat, alleges former officers Jacy Tatum and Joseph Huffaker pulled him over for no reason, placed him in handcuffs and took 26 pounds of legal cannabis bound for a Santa Cruz medical marijuana dispensary from the back of his truck.[aside postID=\"news_11673412,news_11678122,news_11735983\" label=\"'Highway Robbery' Series\" heroLink=\"https://www.kqed.org/news/tag/highway-robbery-series\" target=\"_blank\" hero=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1200x800.jpg\"]\u003c/p>\n\u003cp>“Tatum then moved very close to Mr. Surrat’s face and said, ‘You don’t tell anyone about this either,’ ” the complaint says. “‘Not your lawyer, not the collective where the herb is going, no one. If we don’t hear from you, you won’t hear from us. If your lawyer comes calling asking around the department or anything like that, we will come up to your property in Ukiah. I bet we could find some more felonies if we came up there, huh?’”\u003c/p>\n\u003cp>Dale Allen, Huffaker’s lawyer, said the traffic stops detailed in the new complaint were thoroughly documented by police. Allen said Huffaker “continues to maintain he was not the person who stopped Mr. Flatten.”\u003c/p>\n\u003cp>Tatum’s attorneys did not respond to requests for comment.\u003c/p>\n\u003cp>The latest lawsuit also accuses police officials of failing to put in safeguards that would have prevented the officers’ unlawful activity. The city also profited from the cash seizures.\u003c/p>\n\u003cp>Schwaiger says that while the tentative settlement of Flatten’s case is important, the larger goal of these lawsuits is to reform the historically troubled Rohnert Park Department of Public Safety\u003c/p>\n\u003cp>A federal jury \u003ca href=\"https://www.kqed.org/news/11702984/federal-jury-rohnert-park-police-violated-couples-constitutional-rights\" target=\"_blank\" rel=\"noopener\">awarded\u003c/a> a Rohnert Park couple $145,000 in damages in November in a separate \u003ca href=\"https://www.kqed.org/news/11701249/ex-cops-credibility-is-key-question-in-federal-suit-against-rohnert-park\" target=\"_blank\" rel=\"noopener\">case involving Tatum\u003c/a> illegally searching their home.\u003c/p>\n\u003cp>“We have a community that's suffered under their bad policing and it might now begin to turn around,” Schwaiger said. “And I don't want to be overly optimistic, but that is ultimately the goal in any kind of civil rights litigation, is to improve the communities that we live in and to protect everyone's rights.”\u003c/p>\n\u003cp>Schwartz said he couldn’t comment on the latest lawsuit, but he pointed to a third-party review of the department that “found we're providing a high level of service to our residents.”\u003c/p>\n\u003cp>“The officers that have been most closely associated with the marijuana interdiction concerns are no longer with the department,” Schwarz said.\u003c/p>\n\u003cp>Tatum, the former sergeant named in each of the lawsuits, \u003ca href=\"https://www.kqed.org/news/11678122/documentation-missing-for-at-least-800-pounds-of-marijuana-seized-by-rohnert-park-police\" target=\"_blank\" rel=\"noopener\">left the department\u003c/a> in June 2018 after the city launched an internal affairs investigation. Director Brian Masterson \u003ca href=\"https://www.kqed.org/news/11681642/rohnert-park-police-chief-to-retire-amid-questions-over-seized-marijuana-and-cash\" target=\"_blank\" rel=\"noopener\">retired\u003c/a> in August 2018. The city struck an \u003ca href=\"https://www.kqed.org/news/11735983/probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law\" target=\"_blank\" rel=\"noopener\">agreement\u003c/a> to force out former officer Joseph Huffaker in March of this year. And a commander who oversaw the interdiction program retired “a few months ago,” according to Schwarz.\u003c/p>\n\u003cp>Under the terms of the Flatten settlement, the details of an internal investigation done by the city into allegations against these officers will remain secret.\u003c/p>\n\u003cp>Schwaiger said that if the latest suit goes to trial, those documents will be unsealed, and that in itself will be a victory.\u003c/p>\n\u003cp>“Then the public will have a real detailed and disturbing insight into the inner workings of that police department,” he said.\u003c/p>\n\u003cp>\u003cem>Read the latest complaint below.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/6306568-NewRicoRohnertPark.html\" responsive=true text=false]\u003c/p>\n\n","blocks":[],"excerpt":"An attorney called the six-figure settlement over 3 pounds of wrongfully seized cannabis the most expensive marijuana transaction in the history of the U.S.","status":"publish","parent":0,"modified":1566349068,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":941},"headData":{"title":"Rohnert Park to Settle One Lawsuit Over Illegal Pot Seizures as 5 More Plaintiffs Sue | KQED","description":"An attorney called the six-figure settlement over 3 pounds of wrongfully seized cannabis the most expensive marijuana transaction in the history of the U.S.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Rohnert Park to Settle One Lawsuit Over Illegal Pot Seizures as 5 More Plaintiffs Sue","datePublished":"2019-08-20T23:55:29.000Z","dateModified":"2019-08-21T00:57:48.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11768671 https://ww2.kqed.org/news/?p=11768671","disqusUrl":"https://ww2.kqed.org/news/2019/08/20/rohnert-park-settles-one-lawsuit-over-illegal-pot-seizures-5-more-plaintiffs-sue/","disqusTitle":"Rohnert Park to Settle One Lawsuit Over Illegal Pot Seizures as 5 More Plaintiffs Sue","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2019/08/LewisKimRohnertParkLawsuit.mp3","audioTrackLength":244,"path":"/news/11768671/rohnert-park-settles-one-lawsuit-over-illegal-pot-seizures-5-more-plaintiffs-sue","audioDuration":244000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Lawyers for the city of Rohnert Park have agreed to settle with a Texas man who \u003ca href=\"https://www.kqed.org/news/11706921/lawsuit-rohnert-park-hopland-police-conspired-to-steal-cannabis-and-cash-on-highway-101\" target=\"_blank\" rel=\"noopener\">sued the Police Department\u003c/a> last year over three pounds of legal marijuana seized from him during a 2017 traffic stop. The city will pay Zeke Flatten $415,000, according to his attorney, Izaak Schwaiger, pending approval of the City Council.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'[W]e've got them dead to rights here.'","name":"pullquote","attributes":{"named":{"size":"small","align":"right","citation":"Izaak Schwaiger, Plaintiffs' Attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The settlement represents \"the most expensive marijuana transaction for 3 pounds of cannabis in the history of the United States,” Schwaiger said. “Rohnert Park just paid $138,000 a pound of marijuana to settle this case with him.”\u003c/p>\n\u003cp>Flatten’s suit accuses the involved officers of extortion, racketeering, obstruction of justice and money laundering. The allegations that a team of police officers operated like an organized crime ring are highly unusual, said civil rights attorney Schwaiger.\u003c/p>\n\u003cp>“As far as the RICO allegations, they're notoriously difficult to prove,” he said. “And we've got them dead to rights here.”\u003c/p>\n\u003cp>The city is not admitting any wrongdoing in connection with the payout, Schwaiger said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Assistant City Manager Don Schwartz said the settlement is pending approval by the City Council and the city’s insurance group. He said they will have to make that decision before the first payment is due Flatten in October.\u003c/p>\n\u003cp>“Not only was this settlement a victory for my particular incident,” Flatten said in a phone interview Tuesday, “but also for all the other victims that never came forward or didn't even know who to approach to come forward.”\u003c/p>\n\u003cp>Flatten \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\">was the first\u003c/a> of a string of motorists who spoke out last year \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">alleging a pattern\u003c/a> of unlawful cash and marijuana seizures by Rohnert Park police officers. A second man, Huedell Freeman, filed suit in December against the city.\u003c/p>\n\u003cp>Five more plaintiffs filed a lawsuit on Friday in connection with the city’s drug seizure program, alleging conspiracy, robbery, money laundering and racketeering.\u003c/p>\n\u003cp>One of the plaintiffs, Joshua Surrat, alleges former officers Jacy Tatum and Joseph Huffaker pulled him over for no reason, placed him in handcuffs and took 26 pounds of legal cannabis bound for a Santa Cruz medical marijuana dispensary from the back of his truck.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11673412,news_11678122,news_11735983","label":"'Highway Robbery' Series ","herolink":"https://www.kqed.org/news/tag/highway-robbery-series","target":"_blank","hero":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31347_IMG_3562-qut-1200x800.jpg"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Tatum then moved very close to Mr. Surrat’s face and said, ‘You don’t tell anyone about this either,’ ” the complaint says. “‘Not your lawyer, not the collective where the herb is going, no one. If we don’t hear from you, you won’t hear from us. If your lawyer comes calling asking around the department or anything like that, we will come up to your property in Ukiah. I bet we could find some more felonies if we came up there, huh?’”\u003c/p>\n\u003cp>Dale Allen, Huffaker’s lawyer, said the traffic stops detailed in the new complaint were thoroughly documented by police. Allen said Huffaker “continues to maintain he was not the person who stopped Mr. Flatten.”\u003c/p>\n\u003cp>Tatum’s attorneys did not respond to requests for comment.\u003c/p>\n\u003cp>The latest lawsuit also accuses police officials of failing to put in safeguards that would have prevented the officers’ unlawful activity. The city also profited from the cash seizures.\u003c/p>\n\u003cp>Schwaiger says that while the tentative settlement of Flatten’s case is important, the larger goal of these lawsuits is to reform the historically troubled Rohnert Park Department of Public Safety\u003c/p>\n\u003cp>A federal jury \u003ca href=\"https://www.kqed.org/news/11702984/federal-jury-rohnert-park-police-violated-couples-constitutional-rights\" target=\"_blank\" rel=\"noopener\">awarded\u003c/a> a Rohnert Park couple $145,000 in damages in November in a separate \u003ca href=\"https://www.kqed.org/news/11701249/ex-cops-credibility-is-key-question-in-federal-suit-against-rohnert-park\" target=\"_blank\" rel=\"noopener\">case involving Tatum\u003c/a> illegally searching their home.\u003c/p>\n\u003cp>“We have a community that's suffered under their bad policing and it might now begin to turn around,” Schwaiger said. “And I don't want to be overly optimistic, but that is ultimately the goal in any kind of civil rights litigation, is to improve the communities that we live in and to protect everyone's rights.”\u003c/p>\n\u003cp>Schwartz said he couldn’t comment on the latest lawsuit, but he pointed to a third-party review of the department that “found we're providing a high level of service to our residents.”\u003c/p>\n\u003cp>“The officers that have been most closely associated with the marijuana interdiction concerns are no longer with the department,” Schwarz said.\u003c/p>\n\u003cp>Tatum, the former sergeant named in each of the lawsuits, \u003ca href=\"https://www.kqed.org/news/11678122/documentation-missing-for-at-least-800-pounds-of-marijuana-seized-by-rohnert-park-police\" target=\"_blank\" rel=\"noopener\">left the department\u003c/a> in June 2018 after the city launched an internal affairs investigation. Director Brian Masterson \u003ca href=\"https://www.kqed.org/news/11681642/rohnert-park-police-chief-to-retire-amid-questions-over-seized-marijuana-and-cash\" target=\"_blank\" rel=\"noopener\">retired\u003c/a> in August 2018. The city struck an \u003ca href=\"https://www.kqed.org/news/11735983/probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law\" target=\"_blank\" rel=\"noopener\">agreement\u003c/a> to force out former officer Joseph Huffaker in March of this year. And a commander who oversaw the interdiction program retired “a few months ago,” according to Schwarz.\u003c/p>\n\u003cp>Under the terms of the Flatten settlement, the details of an internal investigation done by the city into allegations against these officers will remain secret.\u003c/p>\n\u003cp>Schwaiger said that if the latest suit goes to trial, those documents will be unsealed, and that in itself will be a victory.\u003c/p>\n\u003cp>“Then the public will have a real detailed and disturbing insight into the inner workings of that police department,” he said.\u003c/p>\n\u003cp>\u003cem>Read the latest complaint below.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/6306568-NewRicoRohnertPark.html","responsive":"true","text":"false","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11768671/rohnert-park-settles-one-lawsuit-over-illegal-pot-seizures-5-more-plaintiffs-sue","authors":["8676"],"categories":["news_6188","news_8"],"tags":["news_24519","news_24356","news_102","news_5026"],"featImg":"news_11701254","label":"news"},"news_11735983":{"type":"posts","id":"news_11735983","meta":{"index":"posts_1591205157","site":"news","id":"11735983","score":null,"sort":[1553739843000]},"guestAuthors":[],"slug":"probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law","title":"Probe Into Rohnert Park Cannabis and Cash Seizures Will Stay Secret, Despite Transparency Law","publishDate":1553739843,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Even as a new police transparency law is \u003ca href=\"https://www.kqed.org/news/tag/police-records-project\" target=\"_blank\" rel=\"noopener noreferrer\">opening public access\u003c/a> to disciplinary records for officers across the state, Rohnert Park city officials said a misconduct investigation will remain secret, thanks to a deal city leaders struck with an officer on Tuesday.\u003c/p>\n\u003cp>The city has \u003ca href=\"https://www.documentcloud.org/documents/5782406-HuffakerSettlement.html#document/p1\" target=\"_blank\" rel=\"noopener noreferrer\">agreed to pay\u003c/a> Joseph Huffaker $75,000 as a way of “guaranteeing he is never reinstated or otherwise employed with the City again.”\u003cbr>\n[aside postID=\"news_11714061,news_11678122,news_11673412\" label=\"'Highway Robbery' Series\" heroLink=\"https://www.kqed.org/news/tag/highway-robbery-series\" target=\"_blank\"]\u003c/p>\n\u003cp>Huffaker was part of a small team of Rohnert Park officers focused on seizing drugs transported along Highway 101. He and then-sergeant Jacy Tatum worked a stretch of highway near Cloverdale, a small town about 40 miles north of Rohnert Park. From 2013 through 2017, Rohnert Park officers seized $3.6 million and 2½ tons of marijuana, according to police records.\u003c/p>\n\u003cp>The city launched an internal probe into Tatum and Huffaker's activities after several drivers came forward \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener noreferrer\">alleging\u003c/a> their seizures were unlawful.\u003c/p>\n\u003cp>Tatum left the department last June, and Huffaker was placed on administrative leave. Assistant City Manager Don Schwartz said the internal investigation wrapped up in July. In November, the city served Huffaker with a notice of termination.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Huffaker does not believe he committed any misconduct, or that any discipline is warranted, and has indicated that he would appeal any discipline imposed,” a staff report posted on the city’s website says.\u003c/p>\n\u003cp>The settlement agreed to Tuesday was a way for the city to avoid “the costs of and potential uncertainties of any appeals,” according to the report.\u003c/p>\n\u003cp>Huffaker’s attorney did not respond to requests for comment.\u003c/p>\n\u003cp>KQED and the Bay Area News Group have requested all disciplinary records involving Rohnert Park officers under a new police transparency law that took effect on Jan. 1.\u003c/p>\n\u003cp>Senate Bill 1421 calls for the release of all records related to what’s called a “sustained” finding of dishonesty or sexual assault. That is the administrative equivalent of finding someone guilty of the alleged misconduct.\u003c/p>\n\u003cp>But Schwartz said records related to the investigation into Huffaker’s conduct will not be released, despite the city's effort to fire Huffaker, because the findings of that internal investigation were not “sustained.”\u003c/p>\n\u003cp>Glen Smith, a lawyer with the San Rafael-based First Amendment Coalition, said the city's stance indicates a potential “loophole” in the law — officers under investigation for misconduct can resign in order to avoid a “sustained” finding and the disclosures associated with it.\u003cbr>\n[pullquote citation=\"Phil Stinson Bowling Green State University\"]'We might end up with situations where agencies simply don't investigate these cases because they don't want to have to make sustained findings.'[/pullquote]\u003cbr>\n“So at this point, it's a little bit of a jump ball as to where a court would draw the line and say, 'This is a sustained finding,' ” Smith said.\u003c/p>\n\u003cp>Rohnert Park is also facing two lawsuits in connection with marijuana seizures. Schwartz said he could not comment on how the Huffaker settlement would impact that \u003ca href=\"https://www.kqed.org/news/11706921/lawsuit-rohnert-park-hopland-police-conspired-to-steal-cannabis-and-cash-on-highway-101\" target=\"_blank\" rel=\"noopener noreferrer\">litigation\u003c/a>.\u003c/p>\n\u003cp>Additional records that may involve official dishonesty were also noticeably absent from Rohnert Park’s response to records requests under SB 1421.\u003c/p>\n\u003cp>Tatum was placed on a list of officers with credibility problems maintained by the Sonoma County District Attorney’s Office for lying in testimony during a 2016 case. Prosecutors had to dismiss at least two other cases involving Tatum for similar reasons.\u003c/p>\n\u003cp>However, the city of Rohnert Park said no officers, including Tatum, were disciplined for dishonesty in the past five years. The response indicates that either the city did not investigate those incidents, or it did not sustain any findings related to them.\u003c/p>\n\u003cp>Criminologist Phil Stinson from Bowling Green State University said that while he hopes the scrutiny of the new law forces bad cops to change their behavior, he fears it might have other unintended consequences.\u003c/p>\n\u003cp>“We might end up with situations where agencies simply don't investigate these cases because they don't want to have to make sustained findings,” Stinson said. “Or perhaps there won't be (fewer) investigations, but they just simply won't sustain the findings.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of more than 30 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Rohnert Park struck a deal with an officer under investigation, agreeing to pay him $75,000 as a way of 'guaranteeing he is never reinstated or otherwise employed with the City again.'","status":"publish","parent":0,"modified":1582331720,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":765},"headData":{"title":"Probe Into Rohnert Park Cannabis and Cash Seizures Will Stay Secret, Despite Transparency Law | KQED","description":"Rohnert Park struck a deal with an officer under investigation, agreeing to pay him $75,000 as a way of 'guaranteeing he is never reinstated or otherwise employed with the City again.'","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Probe Into Rohnert Park Cannabis and Cash Seizures Will Stay Secret, Despite Transparency Law","datePublished":"2019-03-28T02:24:03.000Z","dateModified":"2020-02-22T00:35:20.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11735983 https://ww2.kqed.org/news/?p=11735983","disqusUrl":"https://ww2.kqed.org/news/2019/03/27/probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law/","disqusTitle":"Probe Into Rohnert Park Cannabis and Cash Seizures Will Stay Secret, Despite Transparency Law","path":"/news/11735983/probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Even as a new police transparency law is \u003ca href=\"https://www.kqed.org/news/tag/police-records-project\" target=\"_blank\" rel=\"noopener noreferrer\">opening public access\u003c/a> to disciplinary records for officers across the state, Rohnert Park city officials said a misconduct investigation will remain secret, thanks to a deal city leaders struck with an officer on Tuesday.\u003c/p>\n\u003cp>The city has \u003ca href=\"https://www.documentcloud.org/documents/5782406-HuffakerSettlement.html#document/p1\" target=\"_blank\" rel=\"noopener noreferrer\">agreed to pay\u003c/a> Joseph Huffaker $75,000 as a way of “guaranteeing he is never reinstated or otherwise employed with the City again.”\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11714061,news_11678122,news_11673412","label":"'Highway Robbery' Series ","herolink":"https://www.kqed.org/news/tag/highway-robbery-series","target":"_blank"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Huffaker was part of a small team of Rohnert Park officers focused on seizing drugs transported along Highway 101. He and then-sergeant Jacy Tatum worked a stretch of highway near Cloverdale, a small town about 40 miles north of Rohnert Park. From 2013 through 2017, Rohnert Park officers seized $3.6 million and 2½ tons of marijuana, according to police records.\u003c/p>\n\u003cp>The city launched an internal probe into Tatum and Huffaker's activities after several drivers came forward \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener noreferrer\">alleging\u003c/a> their seizures were unlawful.\u003c/p>\n\u003cp>Tatum left the department last June, and Huffaker was placed on administrative leave. Assistant City Manager Don Schwartz said the internal investigation wrapped up in July. In November, the city served Huffaker with a notice of termination.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Huffaker does not believe he committed any misconduct, or that any discipline is warranted, and has indicated that he would appeal any discipline imposed,” a staff report posted on the city’s website says.\u003c/p>\n\u003cp>The settlement agreed to Tuesday was a way for the city to avoid “the costs of and potential uncertainties of any appeals,” according to the report.\u003c/p>\n\u003cp>Huffaker’s attorney did not respond to requests for comment.\u003c/p>\n\u003cp>KQED and the Bay Area News Group have requested all disciplinary records involving Rohnert Park officers under a new police transparency law that took effect on Jan. 1.\u003c/p>\n\u003cp>Senate Bill 1421 calls for the release of all records related to what’s called a “sustained” finding of dishonesty or sexual assault. That is the administrative equivalent of finding someone guilty of the alleged misconduct.\u003c/p>\n\u003cp>But Schwartz said records related to the investigation into Huffaker’s conduct will not be released, despite the city's effort to fire Huffaker, because the findings of that internal investigation were not “sustained.”\u003c/p>\n\u003cp>Glen Smith, a lawyer with the San Rafael-based First Amendment Coalition, said the city's stance indicates a potential “loophole” in the law — officers under investigation for misconduct can resign in order to avoid a “sustained” finding and the disclosures associated with it.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We might end up with situations where agencies simply don't investigate these cases because they don't want to have to make sustained findings.'","name":"pullquote","attributes":{"named":{"citation":"Phil Stinson Bowling Green State University","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n“So at this point, it's a little bit of a jump ball as to where a court would draw the line and say, 'This is a sustained finding,' ” Smith said.\u003c/p>\n\u003cp>Rohnert Park is also facing two lawsuits in connection with marijuana seizures. Schwartz said he could not comment on how the Huffaker settlement would impact that \u003ca href=\"https://www.kqed.org/news/11706921/lawsuit-rohnert-park-hopland-police-conspired-to-steal-cannabis-and-cash-on-highway-101\" target=\"_blank\" rel=\"noopener noreferrer\">litigation\u003c/a>.\u003c/p>\n\u003cp>Additional records that may involve official dishonesty were also noticeably absent from Rohnert Park’s response to records requests under SB 1421.\u003c/p>\n\u003cp>Tatum was placed on a list of officers with credibility problems maintained by the Sonoma County District Attorney’s Office for lying in testimony during a 2016 case. Prosecutors had to dismiss at least two other cases involving Tatum for similar reasons.\u003c/p>\n\u003cp>However, the city of Rohnert Park said no officers, including Tatum, were disciplined for dishonesty in the past five years. The response indicates that either the city did not investigate those incidents, or it did not sustain any findings related to them.\u003c/p>\n\u003cp>Criminologist Phil Stinson from Bowling Green State University said that while he hopes the scrutiny of the new law forces bad cops to change their behavior, he fears it might have other unintended consequences.\u003c/p>\n\u003cp>“We might end up with situations where agencies simply don't investigate these cases because they don't want to have to make sustained findings,” Stinson said. “Or perhaps there won't be (fewer) investigations, but they just simply won't sustain the findings.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This story was produced as part of the California Reporting Project, a collaboration of more than 30 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11735983/probe-into-rohnert-park-cannabis-and-cash-seizures-will-stay-secret-despite-transparency-law","authors":["8676"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_24519","news_19801","news_25303","news_19542","news_102","news_24767","news_5026","news_25132"],"featImg":"news_11706923","label":"news_72"},"news_11714061":{"type":"posts","id":"news_11714061","meta":{"index":"posts_1591205157","site":"news","id":"11714061","score":null,"sort":[1545436595000]},"guestAuthors":[],"slug":"rohnert-park-police-department-says-its-fixing-seizure-policies-as-it-faces-yet-another-suit","title":"Rohnert Park Police Department Says It’s Fixing Seizure Policies as It Faces Yet Another Suit","publishDate":1545436595,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>The Rohnert Park Department of Public Safety is announcing revised policies aimed at tracking money and other evidence taken by police officers. The city says the changes come at the preliminary recommendation of a police policy consultant hired to investigate the department's drug and cash seizures.\u003c/p>\n\u003cp>And the city faces yet another lawsuit in connection with those same seizures.\u003c/p>\n\u003caside class=\"alignleft\">\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 src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31344_IMG_3493-qut.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The suit filed Thursday in federal court alleges that Rohnert Park police officers violated the civil rights of a cannabis farmer. It is the second lawsuit to be filed against Rohnert Park since \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">KQED reported\u003c/a> on a series of allegations that Rohnert Park officers illegally seized marijuana and cash from them.\u003c/p>\n\u003cp>Rohnert Park Assistant City Manager Don Schwartz wrote in an email that the city cannot comment on pending litigation. He said that an internal investigation launched around April is ongoing.\u003c/p>\n\u003cp>The sergeant at the center of the allegations, Jacy Tatum, quit the department in June. In August, the director of the department, Brian Masterson, \u003ca href=\"https://www.kqed.org/news/11681642/rohnert-park-police-chief-to-retire-amid-questions-over-seized-marijuana-and-cash\" target=\"_blank\" rel=\"noopener\">retired\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>'Putting it on Paper'\u003c/strong>\u003c/p>\n\u003cp>In response to the allegations, the city also hired former Oakland Police Chief Howard Jordan to investigate the department’s drug and cash seizure practices and policies. Jordan’s full report has not yet been presented to the City Council, and he declined to comment because he is not authorized to speak about the investigation.\u003c/p>\n\u003cp>But Rohnert Park police Cmdr. Aaron Johnson said the following recommended policy changes are already underway:\u003c/p>\n\u003cul>\n\u003cli>Seized cash will be counted on camera.\u003c/li>\n\u003cli>If cash seizure exceeds $1,000, a supervisor will do a verification count.\u003c/li>\n\u003cli>Documentation of the circumstances of the seizure\u003c/li>\n\u003cli>Documentation of the names of people who have had property seized\u003c/li>\n\u003cli>Hiring a second property technician\u003c/li>\n\u003cli>Installing cameras in the property room\u003c/li>\n\u003cli>Creating a room for evidence processing\u003c/li>\n\u003cli>A new property and evidence packaging manual\u003c/li>\n\u003c/ul>\n\u003cp>Johnson said these changes are primarily a clarification of the department’s written policy, as Jordan has recommended. Johnson said he and his fellow officers were already following the procedures laid out in the new policy for the most part.\u003c/p>\n\u003cp>“Obviously, it is not a secret that there are a couple cases in which it didn't happen, allegedly,” Johnson said. “It's nice to have someone from the outside come in and say, ‘Hey, why don't you try this language or change it this way so that it is crystal-clear in the event anyone ever had a question on how to do it’.”\u003c/p>\n\u003cp>Over the past three to four months, Johnson said, the evidence clerk has also worked to inventory every piece of evidence in the department's property room. He said nothing was missing.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">'I commend them for getting to Kindergarten Cop level with all this stuff'\u003c/span>\u003ccite>Izaak Schwaiger\u003c/cite>\u003c/aside>\n\u003cp>“I checked a homicide case from the '80s,” Johnson said. “And I can't tell you what the evidence was, but the clerk went right to the freezer, opened the freezer, pulled the envelope out and, lo and behold, there was evidence from the '80s on a homicide case.”\u003c/p>\n\u003cp>Johnson would not directly address whether former Sgt. Tatum was operating outside the policies and procedures of the department.\u003c/p>\n\u003cp>Johnson said media scrutiny of \"a few incidents\" have tainted the whole department.\u003c/p>\n\u003cp>\"We do a great job at providing excellent service to our community,\" he said. \"Unfortunately, this did not help us.\"\u003c/p>\n\u003cp>\u003cstrong>Mounting Litigation\u003c/strong>\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/5662973-HuedellComplaint.html\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> filed Thursday stems from a Dec. 29, 2017, traffic stop. Then-Sgt. Tatum and Officer Joseph Huffaker pulled over Huedell Freeman as he was driving past Cloverdale, a small town about 40 miles north of Rohnert Park on the Mendocino-Sonoma County border.\u003c/p>\n\u003cp>The complaint alleges that the officers unlawfully pulled Freeman over and seized 47 pounds of marijuana from the 60-year-old cannabis farmer. Freeman has said he was transporting his legally grown product to a legal dispensary in Southern California. He tried through his lawyer to recover his cannabis.\u003c/p>\n\u003cfigure id=\"attachment_11673823\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11673823 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-800x600.jpg\" alt=\"Huedell Freeman was pulled over by Rohnert Park Public Safety Officers on December 29, 2017.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-375x281.jpg 375w, https://ww2.kqed.org/app/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 was pulled over by Rohnert Park Public Safety officers on Dec. 29, 2017. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The city never returned it.\u003c/p>\n\u003cp>Freeman is suing for the value of the cannabis and for damages related to the allegedly unlawful stop.\u003c/p>\n\u003cp>His attorney, Stephen Gallenson, said Freeman filed the suit because he wants to be made whole financially, but also because he wants to prevent this kind of thing from happening to someone else.\u003c/p>\n\u003cp>\"This is just outrageous conduct,\" Gallenson said. \"I think Hue feels that way, and he wanted to do something that would stop law enforcement, in this particular case Rohnert Park police department, from engaging in this behavior.\"\u003c/p>\n\u003cp>City officials said they could not comment on the lawsuit. Rohnert Park denied an earlier claim for damages Freeman filed with the city.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11678122/documentation-missing-for-at-least-800-pounds-of-marijuana-seized-by-rohnert-park-police\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Records Missing for at Least 800 Pounds of Marijuana Seized by Rohnert Park Police\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11678122/documentation-missing-for-at-least-800-pounds-of-marijuana-seized-by-rohnert-park-police\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/rohnertpot_final001-1180x631.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>A Texas resident named Zeke Flatten filed a lawsuit against Rohnert Park in November. That complaint alleges Rohnert Park officers conspired to steal 3 pounds of cannabis from him during a traffic stop. On Thursday, the city filed a \u003ca href=\"https://www.documentcloud.org/documents/5657219-MotiontoDismissFlatten1.html\" target=\"_blank\" rel=\"noopener\">motion to dismiss\u003c/a> the suit, denying Flatten's claims.\u003c/p>\n\u003cp>One of the attorneys representing Flatten, Izaak Schwaiger, said the department's recent policy changes could signal a step in the right direction, but they're long overdue.\u003c/p>\n\u003cp>“I mean, I commend them for getting to Kindergarten Cop level with all this stuff,” Schwaiger said. “That's terrific. But if this is their best response to really compelling evidence that they've got a corrupt and criminal element within their organization, it's never going to be enough.”\u003c/p>\n\u003cp>\u003cstrong>More Change on the Horizon?\u003c/strong>\u003c/p>\n\u003cp>Another attorney who recently \u003ca href=\"https://www.kqed.org/news/11702984/federal-jury-rohnert-park-police-violated-couples-constitutional-rights\" target=\"_blank\" rel=\"noopener\">won a case at trial\u003c/a> against Rohnert Park is also seeking to change the way the city's police do business. A federal jury found in November that Tatum and two other officers violated a couple’s constitutional rights during a 2014 search of their home. The officers were looking for Elva and Raul Barajas’ adult son, who was on probation.\u003c/p>\n\u003cp>The jury awarded the couple $70,000 in punitive damages against Tatum, who entered their home through the back door with his gun drawn as two other officers talked with Barajas at their front door.\u003c/p>\n\u003cp>The Barajas' attorney, Arturo González, is seeking a court order that would require the department to create a written policy for probation searches, and additional training for officers doing probation searches.\u003c/p>\n\u003caside class=\"alignright\">\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11681642/rohnert-park-police-chief-to-retire-amid-questions-over-seized-marijuana-and-cash\" target=\"_blank\" rel=\"noopener\">Rohnert Park Police Chief to Retire Amid Questions Over Seized Marijuana and Cash\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11701249/ex-cops-credibility-is-key-question-in-federal-suit-against-rohnert-park\" target=\"_blank\" rel=\"noopener\">Ex-Cop’s Credibility Is Key Question in Federal Suit Against Rohnert Park\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11702984/federal-jury-rohnert-park-police-violated-couples-constitutional-rights\" target=\"_blank\" rel=\"noopener\">Federal Jury: Rohnert Park Police Violated Couple’s Constitutional Rights\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>“They can't be running in through the back door when the officers are knocking on the front,” González said. “They only should search the areas that the law allows them to search. And lastly, and this is important, they shouldn't be conducting probation searches when nobody is home.”\u003c/p>\n\u003cp>\"The City is currently evaluating its options regarding the Barajas matter,\" Assistant City Manager Schwartz wrote in an email. \"We have no further comment at this time.\"\u003c/p>\n\u003cp>A judge is set to hear arguments on the request for a court order in early January. González said he will also seek to recover about $500,000 in legal fees in connection with the case.\u003c/p>\n\u003cp>\u003cstrong>Looking Ahead\u003c/strong>\u003c/p>\n\u003cp>The city has also hired a new director of its public safety department.\u003c/p>\n\u003cp>Cmdr. Johnson was on the committee that hired Tim Mattos, the former police chief of Suisun City, to lead the department.\u003c/p>\n\u003cp>Mattos “seems like a phenomenal human being,” Johnson said. “And from everything I've heard, he's all about the community. He's about accountability, which is good, and he's also about mentorship and developing people.”\u003c/p>\n\u003cp>Johnson said he is looking forward to 2019.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“We're going to get through our stains and our black eyes,” he said. “And we're not just putting makeup on the black eye. Our black eyes are going to heal. We're going to move forward.”\u003c/p>\n\n","blocks":[],"excerpt":"'I commend them for getting to Kindergarten Cop level with all this stuff,' said a civil rights attorney.","status":"publish","parent":0,"modified":1553739069,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":41,"wordCount":1391},"headData":{"title":"Rohnert Park Police Department Says It’s Fixing Seizure Policies as It Faces Yet Another Suit | KQED","description":"'I commend them for getting to Kindergarten Cop level with all this stuff,' said a civil rights attorney.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Rohnert Park Police Department Says It’s Fixing Seizure Policies as It Faces Yet Another Suit","datePublished":"2018-12-21T23:56:35.000Z","dateModified":"2019-03-28T02:11:09.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11714061 https://ww2.kqed.org/news/?p=11714061","disqusUrl":"https://ww2.kqed.org/news/2018/12/21/rohnert-park-police-department-says-its-fixing-seizure-policies-as-it-faces-yet-another-suit/","disqusTitle":"Rohnert Park Police Department Says It’s Fixing Seizure Policies as It Faces Yet Another Suit","path":"/news/11714061/rohnert-park-police-department-says-its-fixing-seizure-policies-as-it-faces-yet-another-suit","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The Rohnert Park Department of Public Safety is announcing revised policies aimed at tracking money and other evidence taken by police officers. The city says the changes come at the preliminary recommendation of a police policy consultant hired to investigate the department's drug and cash seizures.\u003c/p>\n\u003cp>And the city faces yet another lawsuit in connection with those same seizures.\u003c/p>\n\u003caside class=\"alignleft\">\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 src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31344_IMG_3493-qut.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The suit filed Thursday in federal court alleges that Rohnert Park police officers violated the civil rights of a cannabis farmer. It is the second lawsuit to be filed against Rohnert Park since \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">KQED reported\u003c/a> on a series of allegations that Rohnert Park officers illegally seized marijuana and cash from them.\u003c/p>\n\u003cp>Rohnert Park Assistant City Manager Don Schwartz wrote in an email that the city cannot comment on pending litigation. He said that an internal investigation launched around April is ongoing.\u003c/p>\n\u003cp>The sergeant at the center of the allegations, Jacy Tatum, quit the department in June. In August, the director of the department, Brian Masterson, \u003ca href=\"https://www.kqed.org/news/11681642/rohnert-park-police-chief-to-retire-amid-questions-over-seized-marijuana-and-cash\" target=\"_blank\" rel=\"noopener\">retired\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>'Putting it on Paper'\u003c/strong>\u003c/p>\n\u003cp>In response to the allegations, the city also hired former Oakland Police Chief Howard Jordan to investigate the department’s drug and cash seizure practices and policies. Jordan’s full report has not yet been presented to the City Council, and he declined to comment because he is not authorized to speak about the investigation.\u003c/p>\n\u003cp>But Rohnert Park police Cmdr. Aaron Johnson said the following recommended policy changes are already underway:\u003c/p>\n\u003cul>\n\u003cli>Seized cash will be counted on camera.\u003c/li>\n\u003cli>If cash seizure exceeds $1,000, a supervisor will do a verification count.\u003c/li>\n\u003cli>Documentation of the circumstances of the seizure\u003c/li>\n\u003cli>Documentation of the names of people who have had property seized\u003c/li>\n\u003cli>Hiring a second property technician\u003c/li>\n\u003cli>Installing cameras in the property room\u003c/li>\n\u003cli>Creating a room for evidence processing\u003c/li>\n\u003cli>A new property and evidence packaging manual\u003c/li>\n\u003c/ul>\n\u003cp>Johnson said these changes are primarily a clarification of the department’s written policy, as Jordan has recommended. Johnson said he and his fellow officers were already following the procedures laid out in the new policy for the most part.\u003c/p>\n\u003cp>“Obviously, it is not a secret that there are a couple cases in which it didn't happen, allegedly,” Johnson said. “It's nice to have someone from the outside come in and say, ‘Hey, why don't you try this language or change it this way so that it is crystal-clear in the event anyone ever had a question on how to do it’.”\u003c/p>\n\u003cp>Over the past three to four months, Johnson said, the evidence clerk has also worked to inventory every piece of evidence in the department's property room. He said nothing was missing.\u003c/p>\n\u003caside class=\"pullquote alignright\">\u003cspan style=\"font-size: x-large\">'I commend them for getting to Kindergarten Cop level with all this stuff'\u003c/span>\u003ccite>Izaak Schwaiger\u003c/cite>\u003c/aside>\n\u003cp>“I checked a homicide case from the '80s,” Johnson said. “And I can't tell you what the evidence was, but the clerk went right to the freezer, opened the freezer, pulled the envelope out and, lo and behold, there was evidence from the '80s on a homicide case.”\u003c/p>\n\u003cp>Johnson would not directly address whether former Sgt. Tatum was operating outside the policies and procedures of the department.\u003c/p>\n\u003cp>Johnson said media scrutiny of \"a few incidents\" have tainted the whole department.\u003c/p>\n\u003cp>\"We do a great job at providing excellent service to our community,\" he said. \"Unfortunately, this did not help us.\"\u003c/p>\n\u003cp>\u003cstrong>Mounting Litigation\u003c/strong>\u003c/p>\n\u003cp>The \u003ca href=\"https://www.documentcloud.org/documents/5662973-HuedellComplaint.html\" target=\"_blank\" rel=\"noopener\">lawsuit\u003c/a> filed Thursday stems from a Dec. 29, 2017, traffic stop. Then-Sgt. Tatum and Officer Joseph Huffaker pulled over Huedell Freeman as he was driving past Cloverdale, a small town about 40 miles north of Rohnert Park on the Mendocino-Sonoma County border.\u003c/p>\n\u003cp>The complaint alleges that the officers unlawfully pulled Freeman over and seized 47 pounds of marijuana from the 60-year-old cannabis farmer. Freeman has said he was transporting his legally grown product to a legal dispensary in Southern California. He tried through his lawyer to recover his cannabis.\u003c/p>\n\u003cfigure id=\"attachment_11673823\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"wp-image-11673823 size-medium\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-800x600.jpg\" alt=\"Huedell Freeman was pulled over by Rohnert Park Public Safety Officers on December 29, 2017.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-240x180.jpg 240w, https://ww2.kqed.org/app/uploads/sites/10/2018/06/RS31334_IMG_2735-qut-375x281.jpg 375w, https://ww2.kqed.org/app/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 was pulled over by Rohnert Park Public Safety officers on Dec. 29, 2017. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The city never returned it.\u003c/p>\n\u003cp>Freeman is suing for the value of the cannabis and for damages related to the allegedly unlawful stop.\u003c/p>\n\u003cp>His attorney, Stephen Gallenson, said Freeman filed the suit because he wants to be made whole financially, but also because he wants to prevent this kind of thing from happening to someone else.\u003c/p>\n\u003cp>\"This is just outrageous conduct,\" Gallenson said. \"I think Hue feels that way, and he wanted to do something that would stop law enforcement, in this particular case Rohnert Park police department, from engaging in this behavior.\"\u003c/p>\n\u003cp>City officials said they could not comment on the lawsuit. Rohnert Park denied an earlier claim for damages Freeman filed with the city.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11678122/documentation-missing-for-at-least-800-pounds-of-marijuana-seized-by-rohnert-park-police\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Records Missing for at Least 800 Pounds of Marijuana Seized by Rohnert Park Police\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11678122/documentation-missing-for-at-least-800-pounds-of-marijuana-seized-by-rohnert-park-police\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/07/rohnertpot_final001-1180x631.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>A Texas resident named Zeke Flatten filed a lawsuit against Rohnert Park in November. That complaint alleges Rohnert Park officers conspired to steal 3 pounds of cannabis from him during a traffic stop. On Thursday, the city filed a \u003ca href=\"https://www.documentcloud.org/documents/5657219-MotiontoDismissFlatten1.html\" target=\"_blank\" rel=\"noopener\">motion to dismiss\u003c/a> the suit, denying Flatten's claims.\u003c/p>\n\u003cp>One of the attorneys representing Flatten, Izaak Schwaiger, said the department's recent policy changes could signal a step in the right direction, but they're long overdue.\u003c/p>\n\u003cp>“I mean, I commend them for getting to Kindergarten Cop level with all this stuff,” Schwaiger said. “That's terrific. But if this is their best response to really compelling evidence that they've got a corrupt and criminal element within their organization, it's never going to be enough.”\u003c/p>\n\u003cp>\u003cstrong>More Change on the Horizon?\u003c/strong>\u003c/p>\n\u003cp>Another attorney who recently \u003ca href=\"https://www.kqed.org/news/11702984/federal-jury-rohnert-park-police-violated-couples-constitutional-rights\" target=\"_blank\" rel=\"noopener\">won a case at trial\u003c/a> against Rohnert Park is also seeking to change the way the city's police do business. A federal jury found in November that Tatum and two other officers violated a couple’s constitutional rights during a 2014 search of their home. The officers were looking for Elva and Raul Barajas’ adult son, who was on probation.\u003c/p>\n\u003cp>The jury awarded the couple $70,000 in punitive damages against Tatum, who entered their home through the back door with his gun drawn as two other officers talked with Barajas at their front door.\u003c/p>\n\u003cp>The Barajas' attorney, Arturo González, is seeking a court order that would require the department to create a written policy for probation searches, and additional training for officers doing probation searches.\u003c/p>\n\u003caside class=\"alignright\">\n\u003cul>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11681642/rohnert-park-police-chief-to-retire-amid-questions-over-seized-marijuana-and-cash\" target=\"_blank\" rel=\"noopener\">Rohnert Park Police Chief to Retire Amid Questions Over Seized Marijuana and Cash\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11701249/ex-cops-credibility-is-key-question-in-federal-suit-against-rohnert-park\" target=\"_blank\" rel=\"noopener\">Ex-Cop’s Credibility Is Key Question in Federal Suit Against Rohnert Park\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11702984/federal-jury-rohnert-park-police-violated-couples-constitutional-rights\" target=\"_blank\" rel=\"noopener\">Federal Jury: Rohnert Park Police Violated Couple’s Constitutional Rights\u003c/a>\u003c/li>\n\u003c/ul>\n\u003c/aside>\n\u003cp>“They can't be running in through the back door when the officers are knocking on the front,” González said. “They only should search the areas that the law allows them to search. And lastly, and this is important, they shouldn't be conducting probation searches when nobody is home.”\u003c/p>\n\u003cp>\"The City is currently evaluating its options regarding the Barajas matter,\" Assistant City Manager Schwartz wrote in an email. \"We have no further comment at this time.\"\u003c/p>\n\u003cp>A judge is set to hear arguments on the request for a court order in early January. González said he will also seek to recover about $500,000 in legal fees in connection with the case.\u003c/p>\n\u003cp>\u003cstrong>Looking Ahead\u003c/strong>\u003c/p>\n\u003cp>The city has also hired a new director of its public safety department.\u003c/p>\n\u003cp>Cmdr. Johnson was on the committee that hired Tim Mattos, the former police chief of Suisun City, to lead the department.\u003c/p>\n\u003cp>Mattos “seems like a phenomenal human being,” Johnson said. “And from everything I've heard, he's all about the community. He's about accountability, which is good, and he's also about mentorship and developing people.”\u003c/p>\n\u003cp>Johnson said he is looking forward to 2019.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We're going to get through our stains and our black eyes,” he said. “And we're not just putting makeup on the black eye. Our black eyes are going to heal. We're going to move forward.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11714061/rohnert-park-police-department-says-its-fixing-seizure-policies-as-it-faces-yet-another-suit","authors":["8676"],"categories":["news_6188","news_8"],"tags":["news_24519","news_19801","news_24356","news_5026","news_4013"],"featImg":"news_11714456","label":"news"},"news_11706921":{"type":"posts","id":"news_11706921","meta":{"index":"posts_1591205157","site":"news","id":"11706921","score":null,"sort":[1542420291000]},"guestAuthors":[],"slug":"lawsuit-rohnert-park-hopland-police-conspired-to-steal-cannabis-and-cash-on-highway-101","title":"Lawsuit: Rohnert Park, Hopland Police Conspired to Steal Cannabis and Cash on Highway 101","publishDate":1542420291,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A Texas man is suing the City of Rohnert Park and the Hopland Band of Pomo Indians, alleging police officers from both jurisdictions violated his civil rights during a Dec. 5, 2017, traffic stop on Highway 101 in Mendocino County. The lawsuit, filed Friday in federal court for California’s Northern District, alleges three police officers conspired to pull Zeke Flatten over, steal 3 pounds of marijuana from him and then sell it for their own personal gain.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/tag/highway-robbery-series\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Read KQED's 'Highway Robbery' Series\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/highway-robbery-series\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31344_IMG_3493-qut.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The traffic stop was part of a “custom and practice” of illegal seizures by Rohnert Park police officers, the suit alleges, bringing in more than $1 million for the city’s Department of Public Safety.\u003c/p>\n\u003cp>“What happened to Zeke was wrong,” his attorney, Izaak Schwaiger, said in an interview Friday. “And what's been happening in this county and in Mendocino County for the better part of a decade now is wrong. It’s organized crime. And it's got to stop.”\u003c/p>\n\u003cp>Rohnert Park Assistant City Manager Don Schwartz wrote in an email that the city has not seen the complaint yet and cannot comment. In the past, Schwartz has defended Rohnert Park’s drug interdiction program, saying it stemmed the flow of hard drugs and marijuana into the city.\u003c/p>\n\u003cp>The Hopland Band of Pomo Indians did not immediately respond to a request for comment.\u003cbr>\n[ad fullwidth]\u003cbr>\n\u003cstrong>Suspicious Stop\u003c/strong>\u003c/p>\n\u003cp>Flatten was driving in a rental car along Highway 101 just north of the Mendocino County line when a black police interceptor pulled him over, he said. Rohnert Park public safety Officer Joseph Huffaker and Steve Hobb, chief of police for the Hopland Band of Pomo Indians, searched his vehicle and found 3 pounds of marijuana in his car, which they seized, according to the complaint.\u003c/p>\n\u003cp>“In less than five minutes, the officers had left the scene with Mr. Flatten’s cannabis without ever having run his name for wants and warrants, and without so much as issuing a citation for even a traffic infraction,” the complaint says.\u003c/p>\n\u003cp>In the following weeks, Flatten reported the incident to the Mendocino County Sheriff’s Office, the Mendocino County district attorney, the Mendocino County grand jury and the FBI.\u003c/p>\n\u003cfigure id=\"attachment_11706933\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11706933\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/11/RS33972_10643-qut-800x600.jpg\" alt=\"Zeke Flatten in San Francisco on Aug. 16.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/11/RS33972_10643-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/11/RS33972_10643-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/11/RS33972_10643-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/11/RS33972_10643-qut-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/11/RS33972_10643-qut.jpg 1280w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Zeke Flatten in San Francisco on Aug. 16. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Then in February, independent blogger 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 an article\u003c/a> that raised questions about the stop. Two days later, former Rohnert Park police Sgt. Jacy Tatum issued a press release to explain the stop.\u003c/p>\n\u003cp>“But Tatum’s statement to the press was too hastily contrived, and his involvement in the illegal seizures too prolific,” the complaint says. “As a result his press release defended the wrong illegal seizure, and instead of diffusing the scrutiny plaintiff’s allegations had brought, it brought the allegations more clearly into focus.”\u003c/p>\n\u003cp>The lawsuit cites \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">reporting by KQED\u003c/a> in collaboration with \u003ca href=\"http://kymkemp.com/\" target=\"_blank\" rel=\"noopener\">Kemp\u003c/a> and the \u003ca href=\"https://www.northcoastjournal.com/humboldt/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash/Content?oid=9564437\" target=\"_blank\" rel=\"noopener\">North Coast Journal\u003c/a>, as well as reporting by the \u003ca href=\"https://www.pressdemocrat.com/news/8438487-181/former-sergeant-under-investigation-led?sba=AAS\" target=\"_blank\" rel=\"noopener\">Santa Rosa Press Democrat\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Drug Task Force\u003c/strong>\u003c/p>\n\u003cp>Tatum and Huffaker were both part of an interdiction task force working “to reduce the flow of illegal drugs to Sonoma County, including the City of Rohnert Park,” according to a statement from city officials. Beginning around 2013, Rohnert Park officers seized hundreds of pounds of marijuana each year and millions in cash from drivers along Highway 101, mostly near the Sonoma/Mendocino county line.\u003c/p>\n\u003cp>The city paid for Tatum and Huffaker and four other officers to go to training sessions specifically aimed at interdiction work hosted by a private organization called Desert Snow. The officers also regularly used Black Asphalt, a private surveillance database operated by the same organization. In 2016, Tatum was awarded for the largest marijuana plant seizure reported to the site.\u003c/p>\n\u003cp>The officers used the surveillance network to identify \"what automobiles to intercept, even though the drivers of those automobiles had committed no crimes to justify a detention,\" the lawsuit says.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11702984/federal-jury-rohnert-park-police-violated-couples-constitutional-rights\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Federal Jury: Rohnert Park Police Violated Couple’s Constitutional Rights\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11702984/federal-jury-rohnert-park-police-violated-couples-constitutional-rights\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/11/RS29854_COURTHOUSE_006-qut-1180x788.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">Verdict awards $75,000 to couple whose home was searched, plus $70,000 additional punitive damages against former police Sgt. Jacy Tatum.\u003c/p>\n\u003c/aside>\n\u003cp>The complaint claims that the city used the task force “to buttress the small department’s failing budget through the seizure of cash believed to be associated with narcotics transactions. Between 2016 and 2017, the Rohnert Park Department of Public Safety kept $1.2 million in seized funds for its own.”\u003c/p>\n\u003cp>The suit also alleges that Tatum and Huffaker weren’t reporting all the money and marijuana they seized, and were enriching themselves by selling the marijuana on the black market.\u003c/p>\n\u003cp>“I don’t think they’re smoking it all,” Schwaiger said, when asked what evidence he had that the officers were selling confiscated marijuana.\u003c/p>\n\u003cp>The city launched an internal investigation into the Dec. 5 stop in the spring, and placed both Tatum and Huffaker on administrative leave. In June, shortly after KQED reported on these seizures, Tatum left the department. A few weeks, later Rohnert Park \u003ca href=\"https://www.pressdemocrat.com/news/8575668-181/rohnert-park-hires-police-auditor?sba=AAS\" target=\"_blank\" rel=\"noopener\">hired\u003c/a> former Oakland Police Chief Howard Jordan to investigate the city’s forfeiture policies and specific complaints related to seizures of marijuana and cash. Former Rohnert Park Police Chief Brian Masterson \u003ca href=\"https://www.kqed.org/news/11681642/rohnert-park-police-chief-to-retire-amid-questions-over-seized-marijuana-and-cash\" target=\"_blank\" rel=\"noopener\">retired\u003c/a> in August.\u003c/p>\n\u003cp>Stuart Hanlon, an attorney for Tatum, did not immediately respond to KQED’s request for comment.\u003c/p>\n\u003cp>Coming forward hasn’t been easy, according to Flatten. The suit alleges that he found a GPS unit hardwired to his car in September, and then received “an anonymous message via social media that he was ‘playing with fire.’ ”\u003c/p>\n\u003cp>\u003cem>Read the complaint below.\u003c/em>\u003c/p>\n\u003cp>[documentcloud url=\"https://www.documentcloud.org/documents/5141922-181116-Flatten-v-Rohnert-Park/\"]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Lawsuit cites KQED's reporting, alleges police officers from Rohnert Park and Hopland Band of Pomo Indians 'conspired to expand the legitimate (drug) interdiction mission to one of personal financial gain.'","status":"publish","parent":0,"modified":1542504173,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":974},"headData":{"title":"Lawsuit: Rohnert Park, Hopland Police Conspired to Steal Cannabis and Cash on Highway 101 | KQED","description":"Lawsuit cites KQED's reporting, alleges police officers from Rohnert Park and Hopland Band of Pomo Indians 'conspired to expand the legitimate (drug) interdiction mission to one of personal financial gain.'","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Lawsuit: Rohnert Park, Hopland Police Conspired to Steal Cannabis and Cash on Highway 101","datePublished":"2018-11-17T02:04:51.000Z","dateModified":"2018-11-18T01:22:53.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11706921 https://ww2.kqed.org/news/?p=11706921","disqusUrl":"https://ww2.kqed.org/news/2018/11/16/lawsuit-rohnert-park-hopland-police-conspired-to-steal-cannabis-and-cash-on-highway-101/","disqusTitle":"Lawsuit: Rohnert Park, Hopland Police Conspired to Steal Cannabis and Cash on Highway 101","path":"/news/11706921/lawsuit-rohnert-park-hopland-police-conspired-to-steal-cannabis-and-cash-on-highway-101","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A Texas man is suing the City of Rohnert Park and the Hopland Band of Pomo Indians, alleging police officers from both jurisdictions violated his civil rights during a Dec. 5, 2017, traffic stop on Highway 101 in Mendocino County. The lawsuit, filed Friday in federal court for California’s Northern District, alleges three police officers conspired to pull Zeke Flatten over, steal 3 pounds of marijuana from him and then sell it for their own personal gain.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/tag/highway-robbery-series\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Read KQED's 'Highway Robbery' Series\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/tag/highway-robbery-series\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31344_IMG_3493-qut.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The traffic stop was part of a “custom and practice” of illegal seizures by Rohnert Park police officers, the suit alleges, bringing in more than $1 million for the city’s Department of Public Safety.\u003c/p>\n\u003cp>“What happened to Zeke was wrong,” his attorney, Izaak Schwaiger, said in an interview Friday. “And what's been happening in this county and in Mendocino County for the better part of a decade now is wrong. It’s organized crime. And it's got to stop.”\u003c/p>\n\u003cp>Rohnert Park Assistant City Manager Don Schwartz wrote in an email that the city has not seen the complaint yet and cannot comment. In the past, Schwartz has defended Rohnert Park’s drug interdiction program, saying it stemmed the flow of hard drugs and marijuana into the city.\u003c/p>\n\u003cp>The Hopland Band of Pomo Indians did not immediately respond to a request for comment.\u003cbr>\n\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n\u003cstrong>Suspicious Stop\u003c/strong>\u003c/p>\n\u003cp>Flatten was driving in a rental car along Highway 101 just north of the Mendocino County line when a black police interceptor pulled him over, he said. Rohnert Park public safety Officer Joseph Huffaker and Steve Hobb, chief of police for the Hopland Band of Pomo Indians, searched his vehicle and found 3 pounds of marijuana in his car, which they seized, according to the complaint.\u003c/p>\n\u003cp>“In less than five minutes, the officers had left the scene with Mr. Flatten’s cannabis without ever having run his name for wants and warrants, and without so much as issuing a citation for even a traffic infraction,” the complaint says.\u003c/p>\n\u003cp>In the following weeks, Flatten reported the incident to the Mendocino County Sheriff’s Office, the Mendocino County district attorney, the Mendocino County grand jury and the FBI.\u003c/p>\n\u003cfigure id=\"attachment_11706933\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11706933\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/11/RS33972_10643-qut-800x600.jpg\" alt=\"Zeke Flatten in San Francisco on Aug. 16.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/11/RS33972_10643-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/11/RS33972_10643-qut-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/11/RS33972_10643-qut-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/11/RS33972_10643-qut-1200x900.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2018/11/RS33972_10643-qut.jpg 1280w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Zeke Flatten in San Francisco on Aug. 16. \u003ccite>(Sukey Lewis/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Then in February, independent blogger 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 an article\u003c/a> that raised questions about the stop. Two days later, former Rohnert Park police Sgt. Jacy Tatum issued a press release to explain the stop.\u003c/p>\n\u003cp>“But Tatum’s statement to the press was too hastily contrived, and his involvement in the illegal seizures too prolific,” the complaint says. “As a result his press release defended the wrong illegal seizure, and instead of diffusing the scrutiny plaintiff’s allegations had brought, it brought the allegations more clearly into focus.”\u003c/p>\n\u003cp>The lawsuit cites \u003ca href=\"https://www.kqed.org/news/11673412/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash\" target=\"_blank\" rel=\"noopener\">reporting by KQED\u003c/a> in collaboration with \u003ca href=\"http://kymkemp.com/\" target=\"_blank\" rel=\"noopener\">Kemp\u003c/a> and the \u003ca href=\"https://www.northcoastjournal.com/humboldt/highway-robbery-drivers-allege-rohnert-park-police-illegally-seized-cannabis-cash/Content?oid=9564437\" target=\"_blank\" rel=\"noopener\">North Coast Journal\u003c/a>, as well as reporting by the \u003ca href=\"https://www.pressdemocrat.com/news/8438487-181/former-sergeant-under-investigation-led?sba=AAS\" target=\"_blank\" rel=\"noopener\">Santa Rosa Press Democrat\u003c/a>.\u003c/p>\n\u003cp>\u003cstrong>Drug Task Force\u003c/strong>\u003c/p>\n\u003cp>Tatum and Huffaker were both part of an interdiction task force working “to reduce the flow of illegal drugs to Sonoma County, including the City of Rohnert Park,” according to a statement from city officials. Beginning around 2013, Rohnert Park officers seized hundreds of pounds of marijuana each year and millions in cash from drivers along Highway 101, mostly near the Sonoma/Mendocino county line.\u003c/p>\n\u003cp>The city paid for Tatum and Huffaker and four other officers to go to training sessions specifically aimed at interdiction work hosted by a private organization called Desert Snow. The officers also regularly used Black Asphalt, a private surveillance database operated by the same organization. In 2016, Tatum was awarded for the largest marijuana plant seizure reported to the site.\u003c/p>\n\u003cp>The officers used the surveillance network to identify \"what automobiles to intercept, even though the drivers of those automobiles had committed no crimes to justify a detention,\" the lawsuit says.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11702984/federal-jury-rohnert-park-police-violated-couples-constitutional-rights\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Federal Jury: Rohnert Park Police Violated Couple’s Constitutional Rights\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11702984/federal-jury-rohnert-park-police-violated-couples-constitutional-rights\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/11/RS29854_COURTHOUSE_006-qut-1180x788.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003cp style=\"text-align: left\">Verdict awards $75,000 to couple whose home was searched, plus $70,000 additional punitive damages against former police Sgt. Jacy Tatum.\u003c/p>\n\u003c/aside>\n\u003cp>The complaint claims that the city used the task force “to buttress the small department’s failing budget through the seizure of cash believed to be associated with narcotics transactions. Between 2016 and 2017, the Rohnert Park Department of Public Safety kept $1.2 million in seized funds for its own.”\u003c/p>\n\u003cp>The suit also alleges that Tatum and Huffaker weren’t reporting all the money and marijuana they seized, and were enriching themselves by selling the marijuana on the black market.\u003c/p>\n\u003cp>“I don’t think they’re smoking it all,” Schwaiger said, when asked what evidence he had that the officers were selling confiscated marijuana.\u003c/p>\n\u003cp>The city launched an internal investigation into the Dec. 5 stop in the spring, and placed both Tatum and Huffaker on administrative leave. In June, shortly after KQED reported on these seizures, Tatum left the department. A few weeks, later Rohnert Park \u003ca href=\"https://www.pressdemocrat.com/news/8575668-181/rohnert-park-hires-police-auditor?sba=AAS\" target=\"_blank\" rel=\"noopener\">hired\u003c/a> former Oakland Police Chief Howard Jordan to investigate the city’s forfeiture policies and specific complaints related to seizures of marijuana and cash. Former Rohnert Park Police Chief Brian Masterson \u003ca href=\"https://www.kqed.org/news/11681642/rohnert-park-police-chief-to-retire-amid-questions-over-seized-marijuana-and-cash\" target=\"_blank\" rel=\"noopener\">retired\u003c/a> in August.\u003c/p>\n\u003cp>Stuart Hanlon, an attorney for Tatum, did not immediately respond to KQED’s request for comment.\u003c/p>\n\u003cp>Coming forward hasn’t been easy, according to Flatten. The suit alleges that he found a GPS unit hardwired to his car in September, and then received “an anonymous message via social media that he was ‘playing with fire.’ ”\u003c/p>\n\u003cp>\u003cem>Read the complaint below.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"documentcloud","attributes":{"named":{"url":"https://www.documentcloud.org/documents/5141922-181116-Flatten-v-Rohnert-Park/","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11706921/lawsuit-rohnert-park-hopland-police-conspired-to-steal-cannabis-and-cash-on-highway-101","authors":["8676"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_24519","news_24356","news_5026"],"featImg":"news_11706923","label":"news_72"},"news_11702984":{"type":"posts","id":"news_11702984","meta":{"index":"posts_1591205157","site":"news","id":"11702984","score":null,"sort":[1541111638000]},"guestAuthors":[],"slug":"federal-jury-rohnert-park-police-violated-couples-constitutional-rights","title":"Federal Jury: Rohnert Park Police Violated Couple’s Constitutional Rights","publishDate":1541111638,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>A federal jury found Thursday that Rohnert Park and three of its police officers violated the constitutional rights of Elva and Raul Barajas during a 2014 warrantless search of their home. Former officers David Rodriguez and Jacy Tatum and Officer Matthew Snodgrass argued the search was a routine compliance check on the couple’s adult son, Edgar Perez, who was on probation.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11701249/ex-cops-credibility-is-key-question-in-federal-suit-against-rohnert-park\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Ex-Cop’s Credibility Is Key Question in Federal Suit Against Rohnert Park\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11701249/ex-cops-credibility-is-key-question-in-federal-suit-against-rohnert-park\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/10/RS31332_IMG_2713-qut-1-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The jury of eight men and women determined the search was illegal and awarded the Barajas couple $75,000 in damages and $70,000 in punitive damages against former Sgt. \u003ca href=\"https://www.kqed.org/news/11700572/ex-rohnert-park-police-officer-skips-court-because-kqed-might-be-there-we-were\" target=\"_blank\" rel=\"noopener\">Jacy Tatum\u003c/a>, who entered the residence through the back door with his gun drawn. The city will also have to pay the plaintiffs' legal fees, according to their attorney, Arturo González.\u003c/p>\n\u003cp>The verdict concludes a four-day trial in U.S. District Court in San Francisco presided over by Magistrate Judge Sallie Kim.\u003c/p>\n\u003cp>González said he spoke to his client, Elva Barajas, as soon as he heard the verdict.\u003c/p>\n\u003cp>“She began to cry,” he said. “She didn't think that anybody would listen to her. She's somebody who's never gone to school at all, doesn't speak English. ... What this lawsuit shows is that at least in San Francisco, even humble people — if given the opportunity — can can get a jury to understand that they have rights.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In closing arguments Tuesday, Scott Lewis, the attorney for the City of Rohnert Park, said Elva Barajas’ anger was misplaced, and pointed out an individual conspicuously missing from the trial — her son, Edgar Perez.\u003c/p>\n\u003cp>“He’s never come to defend his mother,” Lewis said in closing arguments on Tuesday. “He’s never come to defend his father. He’s never come to defend this case.”\u003c/p>\n\u003cp>Lewis said the true cause of Elva Barajas’ pain and suffering was her son, not the police.\u003c/p>\n\u003cp>\u003cstrong>Expectation of Privacy\u003c/strong>\u003c/p>\n\u003cp>The jury \u003ca href=\"https://www.kqed.org/news/11701249/ex-cops-credibility-is-key-question-in-federal-suit-against-rohnert-park\" target=\"_blank\" rel=\"noopener\">had to determine\u003c/a> if the search was unreasonable under the U.S. and California constitutions. While the terms of Perez’s probation did decrease his expectation of privacy, the judge said police are supposed to consider a number of factors before searching a home, including the probationer’s history of violence and the privacy rights of other people in the home.\u003c/p>\n\u003cp>“Let's be clear. My clients have a right to privacy in their own home, even if their son is on probation,” González said. “They have a right to privacy in their own home.”\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11700572/ex-rohnert-park-police-officer-skips-court-because-kqed-might-be-there-we-were\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Ex-Rohnert Park Police Officer Skips Court 'Because KQED Might Be There' (We Were)\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11700572/ex-rohnert-park-police-officer-skips-court-because-kqed-might-be-there-we-were\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/10/tatum-screenshot.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Perez pleaded no contest in 2012 to a misdemeanor for resisting arrest after an altercation with Tatum and Rodriguez two years earlier. He was placed on three years’ probation. For two other incidents, Perez pleaded no contest to misdemeanor drug use and felony possession.\u003c/p>\n\u003cp>Lewis argued that Perez’s history of drug use and probation violations made him a perfect candidate for the kind of search officers executed on Nov. 4, 2014.\u003c/p>\n\u003cp>He said it was up to the jury “to protect that very important community caretaking tool” of probation searches by finding for the officers.\u003c/p>\n\u003cp>González acknowledged Perez's addiction, but he argued that their son's criminal history alone did not give police the authority to violate the constitutional rights of the Barajas couple in their home.\u003c/p>\n\u003cp>“We are not here to say you can't do probation searches,” González said. “It's not what this case is about. You can do probation searches, but you have to do it in compliance with the law.”\u003c/p>\n\u003cp>The jury agreed. González said he hopes other law enforcement agencies take note of this verdict.\u003c/p>\n\u003cp>“If there are other agencies that are following the same policies or practices, they've got to change,” González said.\u003c/p>\n\u003cp>\u003cstrong>Reasonableness\u003c/strong>\u003c/p>\n\u003cp>The jury determined all the officers participated in an unreasonable search, but that only the actions of ex-cop Tatum amounted to negligence and a violation of privacy.\u003c/p>\n\u003caside class=\"alignleft\">\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 src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31344_IMG_3493-qut.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Tatum entered the home through the back door with his gun drawn. The jury awarded the Barajas couple $70,000 for his conduct alone.\u003c/p>\n\u003cp>González said the city shouldn’t have to pay those punitive damages -- because they’re meant as punishment specifically for Tatum’s conduct.\u003c/p>\n\u003cp>“Tatum is on the hook for that $70,000 award,” González said. “The city does not have to pay that. And in my opinion the city should not pay that.”\u003c/p>\n\u003cp>Tatum stopped working for the city in June amid an internal investigation into suspicious seizures of marijuana and cash along Highway 101.\u003c/p>\n\u003cp>\u003cstrong>City Liability\u003c/strong>\u003c/p>\n\u003cp>In a rare decision, the jury also found the City of Rohnert Park liable for violating the Barajases’ Fourth Amendment rights.\u003c/p>\n\u003cp>González said the city encouraged a variety of constitutional violations through its policies and lack of training around probation searches, and the jury appears to have agreed.\u003c/p>\n\u003cp>“The City of Rohnert Park, we argued, has a number of different practices that are unlawful,” González said, noting that Department of Public Safety leadership testified in the case that the officers did nothing wrong. “Now a federal jury unanimously has found that they violated the state and the federal constitution. So that's called ratification, and when a city ratifies misconduct, the city is liable.”\u003c/p>\n\u003cp>González expects the city will file an appeal, and he intends to ask the court for an injunction, forcing Rohnert Park to change its probation search policies. A hearing on that injunction is scheduled for Jan. 7.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Lewis, the city’s attorney, did not immediately respond to a request for comment. He previously said these officers all acted within the law, and probation searches like that of the Barajas' home are essential for public safety.\u003c/p>\n\n","blocks":[],"excerpt":"Verdict awards $75,000 to couple whose home was searched, plus $70,000 additional punitive damages against former police Sgt. Jacy Tatum.","status":"publish","parent":0,"modified":1542407221,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":1041},"headData":{"title":"Federal Jury: Rohnert Park Police Violated Couple’s Constitutional Rights | KQED","description":"Verdict awards $75,000 to couple whose home was searched, plus $70,000 additional punitive damages against former police Sgt. Jacy Tatum.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Federal Jury: Rohnert Park Police Violated Couple’s Constitutional Rights","datePublished":"2018-11-01T22:33:58.000Z","dateModified":"2018-11-16T22:27:01.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11702984 https://ww2.kqed.org/news/?p=11702984","disqusUrl":"https://ww2.kqed.org/news/2018/11/01/federal-jury-rohnert-park-police-violated-couples-constitutional-rights/","disqusTitle":"Federal Jury: Rohnert Park Police Violated Couple’s Constitutional Rights","path":"/news/11702984/federal-jury-rohnert-park-police-violated-couples-constitutional-rights","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal jury found Thursday that Rohnert Park and three of its police officers violated the constitutional rights of Elva and Raul Barajas during a 2014 warrantless search of their home. Former officers David Rodriguez and Jacy Tatum and Officer Matthew Snodgrass argued the search was a routine compliance check on the couple’s adult son, Edgar Perez, who was on probation.\u003c/p>\n\u003caside class=\"alignleft\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11701249/ex-cops-credibility-is-key-question-in-federal-suit-against-rohnert-park\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Ex-Cop’s Credibility Is Key Question in Federal Suit Against Rohnert Park\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11701249/ex-cops-credibility-is-key-question-in-federal-suit-against-rohnert-park\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/10/RS31332_IMG_2713-qut-1-1180x885.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>The jury of eight men and women determined the search was illegal and awarded the Barajas couple $75,000 in damages and $70,000 in punitive damages against former Sgt. \u003ca href=\"https://www.kqed.org/news/11700572/ex-rohnert-park-police-officer-skips-court-because-kqed-might-be-there-we-were\" target=\"_blank\" rel=\"noopener\">Jacy Tatum\u003c/a>, who entered the residence through the back door with his gun drawn. The city will also have to pay the plaintiffs' legal fees, according to their attorney, Arturo González.\u003c/p>\n\u003cp>The verdict concludes a four-day trial in U.S. District Court in San Francisco presided over by Magistrate Judge Sallie Kim.\u003c/p>\n\u003cp>González said he spoke to his client, Elva Barajas, as soon as he heard the verdict.\u003c/p>\n\u003cp>“She began to cry,” he said. “She didn't think that anybody would listen to her. She's somebody who's never gone to school at all, doesn't speak English. ... What this lawsuit shows is that at least in San Francisco, even humble people — if given the opportunity — can can get a jury to understand that they have rights.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In closing arguments Tuesday, Scott Lewis, the attorney for the City of Rohnert Park, said Elva Barajas’ anger was misplaced, and pointed out an individual conspicuously missing from the trial — her son, Edgar Perez.\u003c/p>\n\u003cp>“He’s never come to defend his mother,” Lewis said in closing arguments on Tuesday. “He’s never come to defend his father. He’s never come to defend this case.”\u003c/p>\n\u003cp>Lewis said the true cause of Elva Barajas’ pain and suffering was her son, not the police.\u003c/p>\n\u003cp>\u003cstrong>Expectation of Privacy\u003c/strong>\u003c/p>\n\u003cp>The jury \u003ca href=\"https://www.kqed.org/news/11701249/ex-cops-credibility-is-key-question-in-federal-suit-against-rohnert-park\" target=\"_blank\" rel=\"noopener\">had to determine\u003c/a> if the search was unreasonable under the U.S. and California constitutions. While the terms of Perez’s probation did decrease his expectation of privacy, the judge said police are supposed to consider a number of factors before searching a home, including the probationer’s history of violence and the privacy rights of other people in the home.\u003c/p>\n\u003cp>“Let's be clear. My clients have a right to privacy in their own home, even if their son is on probation,” González said. “They have a right to privacy in their own home.”\u003c/p>\n\u003caside class=\"alignright\">\n\u003ch4 style=\"text-align: center\">\u003ca href=\"https://www.kqed.org/news/11700572/ex-rohnert-park-police-officer-skips-court-because-kqed-might-be-there-we-were\" target=\"_blank\" rel=\"noopener\">\u003cspan style=\"color: #000000\">Ex-Rohnert Park Police Officer Skips Court 'Because KQED Might Be There' (We Were)\u003c/span>\u003c/a>\u003c/h4>\n\u003cfigure>\u003ca href=\"https://www.kqed.org/news/11700572/ex-rohnert-park-police-officer-skips-court-because-kqed-might-be-there-we-were\" target=\"_blank\" rel=\"noopener\">\u003cimg src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/10/tatum-screenshot.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Perez pleaded no contest in 2012 to a misdemeanor for resisting arrest after an altercation with Tatum and Rodriguez two years earlier. He was placed on three years’ probation. For two other incidents, Perez pleaded no contest to misdemeanor drug use and felony possession.\u003c/p>\n\u003cp>Lewis argued that Perez’s history of drug use and probation violations made him a perfect candidate for the kind of search officers executed on Nov. 4, 2014.\u003c/p>\n\u003cp>He said it was up to the jury “to protect that very important community caretaking tool” of probation searches by finding for the officers.\u003c/p>\n\u003cp>González acknowledged Perez's addiction, but he argued that their son's criminal history alone did not give police the authority to violate the constitutional rights of the Barajas couple in their home.\u003c/p>\n\u003cp>“We are not here to say you can't do probation searches,” González said. “It's not what this case is about. You can do probation searches, but you have to do it in compliance with the law.”\u003c/p>\n\u003cp>The jury agreed. González said he hopes other law enforcement agencies take note of this verdict.\u003c/p>\n\u003cp>“If there are other agencies that are following the same policies or practices, they've got to change,” González said.\u003c/p>\n\u003cp>\u003cstrong>Reasonableness\u003c/strong>\u003c/p>\n\u003cp>The jury determined all the officers participated in an unreasonable search, but that only the actions of ex-cop Tatum amounted to negligence and a violation of privacy.\u003c/p>\n\u003caside class=\"alignleft\">\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 src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/06/RS31344_IMG_3493-qut.jpg\" alt=\"\">\u003c/a>\u003c/figure>\n\u003c/aside>\n\u003cp>Tatum entered the home through the back door with his gun drawn. The jury awarded the Barajas couple $70,000 for his conduct alone.\u003c/p>\n\u003cp>González said the city shouldn’t have to pay those punitive damages -- because they’re meant as punishment specifically for Tatum’s conduct.\u003c/p>\n\u003cp>“Tatum is on the hook for that $70,000 award,” González said. “The city does not have to pay that. And in my opinion the city should not pay that.”\u003c/p>\n\u003cp>Tatum stopped working for the city in June amid an internal investigation into suspicious seizures of marijuana and cash along Highway 101.\u003c/p>\n\u003cp>\u003cstrong>City Liability\u003c/strong>\u003c/p>\n\u003cp>In a rare decision, the jury also found the City of Rohnert Park liable for violating the Barajases’ Fourth Amendment rights.\u003c/p>\n\u003cp>González said the city encouraged a variety of constitutional violations through its policies and lack of training around probation searches, and the jury appears to have agreed.\u003c/p>\n\u003cp>“The City of Rohnert Park, we argued, has a number of different practices that are unlawful,” González said, noting that Department of Public Safety leadership testified in the case that the officers did nothing wrong. “Now a federal jury unanimously has found that they violated the state and the federal constitution. So that's called ratification, and when a city ratifies misconduct, the city is liable.”\u003c/p>\n\u003cp>González expects the city will file an appeal, and he intends to ask the court for an injunction, forcing Rohnert Park to change its probation search policies. A hearing on that injunction is scheduled for Jan. 7.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Lewis, the city’s attorney, did not immediately respond to a request for comment. He previously said these officers all acted within the law, and probation searches like that of the Barajas' home are essential for public safety.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11702984/federal-jury-rohnert-park-police-violated-couples-constitutional-rights","authors":["8676"],"programs":["news_72"],"categories":["news_6188","news_8"],"tags":["news_24519","news_24356","news_6196","news_5026","news_6197"],"featImg":"news_11702986","label":"news_72"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. 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