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MATTHEW PAPPAS (SBN: 171860) CHARLES SCHURTER (SBN: 174261) LEE H. DURST (SBN: 69704) 22762 Aspan Street, Suite 202-107 Lake Forest, CA 92630 Phone: (949) 382-1485 Facsimile: (949) 242-2605 Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION

GREEN EARTH CENTER, INC.; DANK CITY PATIENTS GROUP INC.; NATURECANN, INC.; INDUSTRY GREEN COLLECTIVE, INC.; KAI KEM INC.; CHRONIC COLLECTIVE; COMPLETE ALTERNATIVE MEDICINE; PATIENTS REPUBLIC COLLECTIVE; 562 COLLECTIVE; DEMITRI WOODARD and CHRIS WOODARD, Plaintiffs, v. CITY OF LONG BEACH, CALIFORNIA; DAVID STROHMAN; OSCAR VALENZUELA; ALDO DECARVALHO; CHRIS VALDEZ; DOUGLAS LUTHER; and DOES 1 to 10, Defendants.

No.: SACV 13-0002 AG (JPRx)

PLAINTIFFS EXHIBITS (VOL. 7) IN SUPPORT OF APPLICATION FOR T.R.O. AND O.S.C. RE: PRELIMINARY INJUNCTION

Date: May 9, 2013 Time: N/A Courtroom: D10, Judge Guilford

EXHIBIT VOLUME #7

PLAINTIFFS EXHIBITS (VOL. 7)

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TABLE OF EXHIBITS (VOLUME 7)

EX. #:

DESCRIPTION DECLARATIONS (VARIOUS RAIDS)

PAGE

115 116 117 118 119 120 121

DECLARATION OF KATHERINE ALDRICH (5-2-2013) STILL PHOTO IMAGES OF RAID ON 10-21-2012 DECLARATION OF BRIAN BALESTEROS DECLARATION OF ANTOINE HANCOX (1-2013 RAID) DECLARATION OF JAHEID WOODS (4-30-2013 RAID) DECLARATION OF JUAN P. TORRES (1-2013 RAID) DECLARATION OF ANTOINE HANCOX (10-11-2012 RAID) DECLARATION OF JUAN TORRES (3-2013 RAID) DECLARATION OF OSCAR ELENES DECLARATION OF ALANA HANCOCK DECLARATION OF SERGIO SANDOVAL (5-2-2013)

408 414 416 417 418 419 421

122 123 124 125

422 424 426 427

ADDITIONAL EXHIBITS INCLUDED IN VOLUMES 1, 2, 3, 4, 5, & 6

PLAINTIFFS EXHIBITS (VOL. 6) - II

EXHIBIT #115

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DECLARATION OF KATHERINE ALDRICH

I Katherine Aldrich, declare as follows: 1. 2. I am over 18 years old and I live in Los Angeles County, California. I am a managing member of the Patients Republic Collective and was previously a

managing member of the 562 Collective which was forced to close due to the strong arm tactics of the City of Long Beach and its police force. 3. Throughout the past three years, I have been constantly badgered and harassed by

the City of Long Beach and its police force. Even after the 562 Collective was closed, LBPD would park outside my home. Men followed my daughters and photographed them. I am certain I was of special interest to the city and police because it was known that I was assisting Mr. Pappas in helping the patients fight the city and its discriminatory ordinance.

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4.

On December 27, 2011, I was taking my children and their friends to the San Diego

Zoo until I was pulled over by plain clothed LBPD in an unmarked car in Oceanside, California. My children, their friends and I were removed from the vehicle. Our cell phones were taken from us and my vehicle and belongings were searched without my consent. At no time did they identify themselves as officers. They did not show me a badge, identification or provide me with their names. It was only after a Border Patrol agent asked me where I was from did I learn that the men searching my vehicle were LBPD. When I inquired as to why LBPD was driving an unmarked car with a plain clothes Border Patrol agent, I was stone walled and then informed that my car was going to be impounded and I was going to be arrested unless my attorney could come get me. After finally being released, I called the Long Beach Police department to attempt to find out the names of the officers that were patrolling in San Diego County. I was told that there were none. I then called the Border Patrol office and was given the same response. I was committing no crime, the officers did not find anything in my vehicle or in our belongings and I was never informed as to why I was pulled over let alone

DECLARATION OF KATHERINE ALDRICH - 1

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why my children and I were removed from the vehicle and forced to sit on the side of the freeway. 5. In July of 2012, a collective in Long Beach was struggling to remain open and

asked for my assistance thus beginning my position at Patients Republic Collective; PRC Collective. PRC was raided on October 11th, 2012 and November 15th, 2012. During those raids, LBPD came in heavily armed with assault rifles, arrested the volunteers, shook down patients and confiscated all of the money, medication, computers and the digital recording device. They drilled out both of the safes, permanently ruining one of them. All of the medication, money and time cards were taken. Every single security camera was ripped from the ceiling as were all of their wires. The filing cabinets were rummaged through and I am certain that patient files were missing. All of the jars in the display cases that medication is kept in were empty and strewn about. The cash register was empty. Long Beach Police Department

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left behind an inventory of what they seized except that it did not accurately reflect what was taken. The amount of medication and money was considerable but was simply itemized as dried marijuana. Money that belonged to the volunteers was also seized and never inventoried or returned. I would also like to mention that the search warrants that are obtained by the Long Beach Police Department never mention that the collective is operating as just that, a collective pursuant to the guidelines set forth by the Attorney General. At no time do the Long Beach Police charge anyone with anything other than violating Long beach Municipal Code 5.89. The search warrants always include that they are looking for other drugs and at no time have they found any. The search warrants also never state that they have previously raided the collective and not found anything that they are requesting the warrant for. 6. On January 24th, 2013, I was notified that PRC was being raided again. I drove to

the collective to find that the police had blocked off the streets. The volunteers were arrested again and everything was again confiscated including the cash register this time. We have come to refer to these raids as LBPD smash and grabs. During this raid, LBPD decided to board up all of the windows and the doors of the collective. When I returned to the collective I was
DECLARATION OF KATHERINE ALDRICH - 2

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unable to remove any of the boards. I called Eric Sviatek, another managing patient, to remove them. Several patients helped Mr. Sviatek and the police responded and threw Mr. Sviatek face down in the street at gun point. I was very concerned for his safety as one officer held him down by placing his foot on Mr. Sviateks neck while the other continued to aim his gun at Mr. Sviateks head. Mr. Sviatek repeatedly told the officers that they were hurting him and asked why they were doing this. They informed him that he was being arrested for burglary. He repeatedly told the officers that he had a lease for the property and the keys in his pocket. They said they didnt care. The officers also held all of the people that had been helping Mr. Sviatek and called for more officers. At NO time did anyone resist or fail to yield to all of the officers requests. After Mr. Sviatek was arrested, I was able to post bail through a bail bond company. When Mr. Sviatek was finally released, his clothes were torn and he had minor lacerations on one of his wrists. He explained to me that the officers handcuffed him so tightly, the cuffs cut

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his skin. The police also returned to the collective and had a contractor re-board up the facility with two sets of boards and approximately 200 bolts. Mr. Sviatek was informed by the officers that he was being charged with burglary but his booking paperwork indicated that he was charged with violating the city municipal code 5.89. The search warrant yet again alleged that they were there looking for other illegal drugs and again they did not find any. 7. On March 7th, 2013, I had missed a phone call from Eric Sviatek, managing

member of the PRC Collective. I returned his call only to have someone else answer his personal cell phone. After attempting to trick me into giving him information, I asked who I was speaking to. The person answered, Detective Dave Strohman. He then proceeded to tell me that he was taking everything out of my collective. That he knew where I lived and that he was going to be coming for me and hung up. 8. I am genuinely concerned for the safety of my family. I have three teenaged

daughters. I am paranoid that something will happen to them while they are on the way to or from school or out with friends. I have severe anxiety and trouble sleeping. I almost never sleep more than a few hours at a time. I express concern that if Long Beach Police do come and act
DECLARATION OF KATHERINE ALDRICH - 3

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upon Detective Strohmans threat, my dogs will be executed. I went so far as to have a surveillance system installed in my home complete with cameras that record and store the data off site. I have unfortunately learned through multiple experiences, that the Long Beach Police do not adhere to any rules other than their own. I knew the Zerby family and had the wonderful pleasure of being a student of Mrs. Amicis for two years. I am fearful that either I or my loved ones will endure similar tragedies. I have been witnessing for three years the city and its police forces rampant violation of peoples rights. I have witnessed at least half a dozen requests for relief be denied and I without a doubt have witnessed the police department become more destructive and aggressive towards people each and every time the court denies relief, insists that we must wait for the Supreme Court to rule, grants a delay or delays on its own. I am perplexed at how the issue pending before the Supreme Court has anything to do with excessive force, violation of constitutional rights or search warrant requirements. The police are omitting

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critical information to these judges when they requests these warrants but I am now curious as to how a judge keeps signing warrants for the same address over and over again without at some point questioning why the officer keeps needing these warrants. Are they even reading the affidavits? 9. Unfortunately, this declaration doesnt end there. PRC was raided again on March

29th, 2013. The volunteer, Oscar Elenes was closing up and leaving early. Eric Sviatek typically drove him home. However, on March 19th, 2013, Mr. Sviatek was given an ultimatum by a Superior Court judge in department 1 of the Long Beach Courthouse. He could either plead guilty and sign a stay away order or plead not guilty and go back to jail and she would be increasing his bail to $30,000. Mr. Sviatek signed the order. He was required to be at least 10 yards away from any collective in the city of Long Beach. On this particular day, Mr. Sviatek parked far away from the collective. Long Beach police arrested him anyway. They apprehended Mr. Elenes and him. They confiscated all of their personal money and the money that Mr. Elenes had taken with him from the collective. None of these items were accounted for nor were they returned. Also, despite the collective being closed, the police officers shattered
DECLARATION OF KATHERINE ALDRICH - 4

411

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the glass door and rummaged through the collective anyway. They took the remaining medication and the money that was left in the drawer as change for the next shift. Mr. Elenes had a broken wrist at the time and Detective Strohman said he didnt care and handcuffed and arrested him with force anyway. Mr. Sviatek was also arrested for violating his stay away order and his car was impounded. I used Google earth to determine the distance of where Mr. Sviateks car was impounded from as indicated on the tow yard receipt from the collective, he was over 170 yards away, more than 17 times the required distance. 10. On April 16th, 2013, the PRC Collective was raided again. The collective is suffering severe financial difficulty as a result of the constant raids. The police broke the track for the iron gate that secures the building at night. They took the door handle. The ripped a rolling door that was installed prior to us moving in from the wall, tore it open and ripped out the fiberglass insulation. The pried apart a section of the wall and also removed the insulation.

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They took the router, the phone modem and the stereo. They took Oscar Elenes personal laptop that he needs for school and had been working on a slide show for his family on. The Long Beach police are at this point just vandalizing the collectives. They take whatever they want, personal property never gets returned, they destroy property and make up the rules as they go along and tailor them to fit whatever their needs be at that time. 11. The patients who come to the collective are serious disabled. I have many patients who endure radiation and chemotherapy. I have many patients that are missing limbs. However, there are many, many patients whose ailments are not so obvious. Multiple sclerosis, gunshot wounds, people who have been hit by cars or are on dialysis, many have undergone invasive surgeries. There have been many times where I have not only given patients their medication without accepting reimbursement but Ive driven it to their homes because oftentimes they are unable to drive. These are most certainly not people that should be discriminated against or mistreated in any way especially not by city officials who are elected to serve the constituents in their community. These people deserve our utmost compassion; their days will be much shorter than ours.
DECLARATION OF KATHERINE ALDRICH - 5

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12. There e is a video surveillanc ce system at t the PRC p patient colle ective. As o one of the manag ging patients s, I am fam miliar with th hat system a and I observ rved video i images take en on Octobe er 11, 2012. The still pictures p inc cluded with h my declara ation are tru ue and corre ect copies of o frames s of the vide eo taken on n October 11 1, 2012 retr rieved from m the PRC v video survei illance system m. u penalt ty of perjury y under the e laws of the e United Sta ates of Ame erica that I declare under the abo ove declara ation is true and correct t. EXECUTE ED on May 2, 2013 in Long Beac ch, Californ nia.

_________ __________ __________ __________ __________ __ Katherine Aldrich

DEC CLARATION OF KATHER RINE ALDR RICH - 6

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EXHIBIT #116

414

415

EXHIBIT #117

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DECLARATION OF BRIAN BALLESTEROS 1. I Brian Ballesteros, declare as follows:

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2. I am over 18 years old. 3. I am a resident of Los Angeles County. On January 11th 2013, I was volunteering at the L.S.M Collective. At around 1pm in the afternoon I was told we were getting raided by the Long Beach Police Department. I opened the door and got pulled out at gunpoint and then handcuffed and searched. After they pulled out the other volunteers they proceeded to take us to the front of the shop and us in a line so that the people waiting on the platform for the train can see us and then the police said that we are bad people and we were going to jail. Passengers who tried to record it on their phones got a flashlight shined at them so it could not be recorded. At that point they brought us back and put us in squad cars and took us to jail where we were booked and jailed to await bail. I declare under penalty of perjury of the laws of the United States that my declaration is true.

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April 29, 2013

_____________________________________________ Brian Ballesteros

DECLARATION OF BRIAN BALLESTEROS -1

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EXHIBIT #118

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DECLARATI D ION OF AN NTOINE HA ANCOX I An ntoine Ha ancox, de eclare as s follows s: I am m over 18 8 years old. o I li ive in Lo os Angele es County y. On January J 24 2 th, 2013 3 I was w working a at the PR RC Collective. It

was la ate in th he aftern noon and as a pat tient was s leaving g, severa al Long Beach Police officers o rushed in i guns d drawn. T They put duct tap pe over

all th he camera as. After r securi ing me a and the o other per rson I wa as workin ng with, they beg gan clear ring all the jars s of medi ication o off of th he shelves. After r finding g the saf fe open a and empty y, they e emptied t the cash register and took t all the mone ey that I had on my perso onal poss session. I was ar rrested and a charg ged with violatin ng the Lo ong Beach h Municip pal Code 5.89 and a my mo oney was never re eturned t to me. I am fearf ful of be eing at work everyday. The pol lice are aggressi ive and f forceful. . We have e never resisted arrest, disob beyed the eir order rs nor ha ave we be een armed d. I don t understand why y they ke eep raidi ing us. W We have n never bee en found to be violating stat te law. I declare e under penalty of perju ury unde er the la aws of t the Unite ed States of Amer rica and Californ nia that the abov ve declar ration is s true. 4-30-2013

_________ _ _________ _________ _________ _________ _____ ANTOINE A HANCOX H

417

EXHIBIT #119

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DEC CLARATION OF J JAHEID W WOODS

1. I Jahe eid Woods, declare as follows: 2. I am over o 18 yea ars old. 3. I am a resident of o Los Ange eles County y. 4. EXEC CUTED thi is 30th day of o April, 20 013. 5. On April A 30th, 20 013 I had to o appear in Departmen nt 7 of the L Long Beach Superior

Court and I was consulted c by y the city pr rosecutor th hat we need ded an attorn ney to proc ceed thru the g. So we talked among gst ourselve es, my co-vo olunteers an nd I, and ca ame to feel that the hearing prosec cutor was tre eating us un njustly beca ause he was s telling us we were go oing to jail t today and that we e needed an n attorney. So S we direc cted our que estions towards the cou urts bailiff f. The city prosec cutor then whispered w so omething in nto the baili iffs ear bef fore he cam me to talk to us. The bailiff told us the same thing g the prosecutor said af fter he made the motio on to the bai iliff. When n d asked him m why do we w need an attorney, a and sent ourselv ves? He we had d why cant we repres didnt say anythin ng, he just shook s his he ead no. The en Oscar ha ad asked the e bailiff W Why we were e

15

g charged fo or a fake co ode? He responded I would be p proud to tak ke you guys s in just getting
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becaus se of your case. c I declare under u penalt ty of perjury y under the e laws of the e State of C California an nd the Unite ed States that the abo ove declaration is true and of my own person nal knowled dge.
h EXECUTE ED this 30th day of Apr ril, 2013 at Long Beac ch, Californ nia:

__________ _ __________ __________ __________ _________ _ JA AHEID WO OODS

JAHEID WOODS A AFFIDAVIT-1

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EXHIBIT #120

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DECLARATION OF JUAN P. TORRES 1. 2. 3. I Juan P. Torres, declare as follows: I am over 18 years old. I live in Los Angeles County.

On the day of January 11th 2013 I was coming out of the restroom of the L.S.M Collective and started walking over to the waiting room at the front of the collective. This is when I heard a male voice at the far right window. When I looked up at the window officer Strohman was pointing a gun at me and said, Long Beach Police Department, if you fucking

move I will shoot you. So I raised my hands to let him know I had no weapons or intentions to
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harm him. Then I said, do you want me to open the door? Officer Strohman said, not you
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meaning me and pointed to Brian standing behind me. So Brian walked to open the door and that is when we saw several officers with firearms pointing at us. They told us to come out. As we came out they grabbed us, handcuffed us and shoved us up against the wall on our porch. They walked us down and sat us down underneath the outside canopy. Where we sat for 30-40 minutes while they questioned us individually. When they got to me one of the officers asked me who owns the place? Who allows you to volunteer? I replied I have nothing to say to you, if you have any questions talk to my lawyer. After they finished questioning us two officers walked us to the curb on Long Beach Blvd. where there were several pedestrians and patients of our collective watching us as the two officers had us there in handcuffs while they belittled us verbally and letting passerbys videotape us. When I looked over asked one of the officers what is the point of this? He replied to let everybody in the area know that guys are bad people and what you are doing is illegal and to let them know not to come here. They had us stand there for a few minutes. Then they marched us back onto the property and set us all into the back seat of a beige undercover car. About ten minutes later we took off with the two officers that had us standing out front of the collective and took all three of us to the police station for booking. While en route to the police station the two officers were making fun of us and that we use medical marijuana for no reason. One officer asked what was our made up reason for using medical marijuana? I replied with I was born with Amniotic Band Syndrome,

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Arthrit tis in my ha ands and leg gs and musc cular dystro ophy. Then Samuel rep plied that he e has Multip ple Sclerosis s.. Then the e officer rep plied well maybe you u do need it then. So th hen it was off to booking b and d jail until we w made ba ail later that t evening. I declare under u the pe enalty of per rjury under r the laws of f the United d States of A America an nd the Sta ate of Califo ornia that th he above is true and co orrect. May 1, 2013:

__________ _________ __________ __________ ______ _____ Juan P. P Torres

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EXHIBIT #121

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DE ECLARATI ION OF AN NTOINE HA ANCOX 1. I Anto oine Hancox x, declare as follows:

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2. I am over o 18 years old. 3. I am a resident of f Los Angele es County. 4. I wrot te this on Ma ay 1st, 2013. 5. On Oc ctober 11, 20 012, I was working w at th he PRC Colle ective. The d door bell ran ng and I opene ed the door. I had an assa ault rifle thru ust into my f face by a pol lice officer d dressed in tactica al attack gea ar. Several more m officers followed hi im in. They a all had their guns drawn n. They were all carr rying assault t rifles. They y screamed, LBPD! Ge et against the e wall! Where es your gun n? I explain ned to the off ficer that I w was unarmed d. The officer r slammed me m agains st the wall an nd he kept sc creaming for r me to get c closer agains st the wall. I informed th he officer that I was as close to th he wall as I could get du ue to the fact t I am 63 a and weigh 34 40 pound ds. The officer then was telling me to o spread my legs apart a and I explain ned to him th hat

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I have e a severe kn nee problem (I was hit by y a car while e walking in n August 201 11). The officer ignored wh hat I was try ying to tell hi im and kicke ed my legs a apart anyway y causing me e extrem me pain. The e officer patt ted me down n and handcu uffed me. I w was then allo owed to sit down but was kep pt out of the room where e the rest of t the officers w were. I later learned that t they destroyed d ou ur surveillanc ce system, de estroyed our r safes and to ook all the m money and medic cation in the collective. I was arreste ed and charge ed with violating LBMC C 5.89. I decla are under pe enalty of perj jury of laws of the Unite ed States and d the laws of f California that my m declaratio on is true. May 1, 1 2013 Lo ong Beach

__ __________ ___________ __________ ___________ ______ ANTOINE A HANCOX H

421

EXHIBIT #122

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DECLARATION OF JUAN TORRES 1. I Juan Torres, declare as follows:

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2. I am over 18 years old. 3. I am a resident of Los Angeles County. On the day of March 22nd 2013 I was sitting at the computer in our waiting room of the L.S.M Collective with five patients waiting for verification of their doctors recommendations. I looked outside and saw six officers doing a quick march towards the shop with their guns drawn. I looked back and calmly said hey guys the cops are coming in. This was so as to give the volunteers a heads up about what was going to happen. When I looked back outside the window I saw that they had a battering ram. By this time they were more than half way to the door. So I yelled out the window were opening the door! As Brian Ballesteros reached for the door and opened it, they swung the battering ram hitting in the face with the door. He stumbled backwards with his hands on his face. The first officer pushed Brian back and when Brian removed his hands from his face the officer already had a gun pointing at his head telling

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him dont fucking move! By that time several more officers rushed into the room slamming me and several patients up against the wall. One of the officers asked me if I was a volunteer and I replied yes. Then after being handcuffed they walked myself as well as our patients outside. They sat me on the porch and the patients underneath the canopy. One detective walked up to us and asked Im pretty sure that you dont want to say anything to me but I have to ask this question, do any of you want to talk to me. I replied I dont want to talk, talk to my lawyer. He replied ok thank you very much. After he walked away officer Strohman approached us and asked which one of you signed the stay away order? I replied none of us here signed your stay away order and I am not sure about the rest of the guys but I am ever going to sign it. Mr. Strohman then said in an intimidating voice it would be in your best interest to sign that paper because the judge is already pissed off at you people and she is going start increasing your bail amount. So I told him she is going to do what she has to do. After that we were placed into an

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undercover car and taken to the police station. Brandon was released on site. One of the officers taking us in said we dont think that what you guys are doing is illegal, but we are just doing our job. Hope you dont take it personal. Then we were taken out of the car and taken into processing. The booking officer was a female and she asked me what are you here for? I replied for volunteering at a collective. She said my god they really need to stop arresting you guys because they are wasting the citys money. A

DECLARATION OF JUAN PABLO TORRES -1

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male boo oking officer r responded thats what t I keep sayin ng every tim me they come through he ere. After th hat I was hel ld until I mad de bail later that night.

_____ ___________ __________ ___________ __________ ___ Juan Pablo P Torres s

DECLARAT TION OF JUAN N PABLO TOR RRES -2

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EXHIBIT #123

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DECLARATION OF OSCAR ELENES

1. I Oscar Elenes, declare as follows: 2. I am over the age of 18. 3. I am a resident of the state of California. 4. On April 16th, 2013, I came to PRC and the day was a normal day until the raid. At the time of raid, I was located behind the desk on the opposite side at which I wouldnt be able to see the front door or any people that would come in. So, the door opens and I hear Long Beach Police, put your hands up. Officers came in with guns drawn and a camera on, recording the raid. Six officers rushed through the entrance to the main bud tending room and more officers rushing the lobby apprehending my co-volunteers and myself. At this point, they brought us to the front half of the dispensary, handcuffed us. Even after I was kindly asking them to watch my broken wrist, I was still badly treated. They sat us down for questioning. During the questioning, Det. Strohman started taking pictures of my stuff and went inside my backpack, taking everything inside out and photographing all my personal stuff and I watched

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him pocket my $300 rent money that was in my backpack pocket. He also took my gateway
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laptop thinking it belonged to the collective. They also took the cash register. This is when the
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officers turned the camera off and began pocketing cash, gathering all the meds into one black
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garbage bag, and they sent an officer to check to see if anything was stashed above the ceiling. They were asking if we knew that marijuana kills all of your brain cells and makes you retarded. Det. Strohman stated I hate having to come back every week for you guys, because this will never be legal. So why break the law? After they questioned all of us, we were escorted to the squad car with 2 female LBPD officers where we then proceeded to the downtown station. The next day, I saw the damage the police did. The iron gate latch and track was ripped off, the big blockade door on the inside was torn off its hinges, along with the door that leads to the back half was dismantled (even when they saw it was opened) and fiberglass was ripped out of the walls. All the electronic equipment for surveillance was unplugged and

DECLARATION OF OSCAR ELENES

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scatte ered through hout the sho op. Scales were w gone, t the amplifie er for the so ound system m (mistaken n for the DVR) wa as gone, my y personal money, m as w well as the c collectives money.

__ __________ ___________ __________ ___________ ______ OSCAR O ELE ENES

DECLARA ATION OF O OSCAR ELE ENES

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EXHIBIT #124

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DE ECLARATI ION OF AL LANA HAN NCOCK 1. I Alan na Hancock, declare as follows: f I am 17 1 years old. . I am a resident of f Los Angele es County. On Ap pril 29th, 201 13 I was at work w when th he medical m marijuana co ollective two o doors down n

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2. 3. 4.

started to t get raided. I observed the officers from the fro ont door of w where I inter rn. As things s at the collectiv ve began to progress, p I was w released from my da ay of work an nd started to o take an inte erest in the operatio on that the po olice were ho olding. Intrig gued by thei ir behavior I took my ph hone which h has a video camera, and began to t film the ev vent taking place. p As I w was recordin ng, an officer r approached d me and began to o question my m motives behind b filmin ng. I told him m about my i interest in th he situation, as the conversation continu ued he began n to become e more and m more hostile towards me. . He then began to disregar rd all of my opinions; o he e then tried to o get me to s say that I go to collective and smoke e marijuana. Once it was clear to him that I was w not a pat tient and did d not go to co ollectives, he e rudely wal lked away an nd

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redirecte ed the office ers to begin to t remove th he evidence e that was b being seized through the back door. I declare unde er penalty of f perjury und der the laws of the State of Californi ia that the ab bove is true and corr rect and mad de of my own n personal knowledge. k EXECUTED E this 30th day y of April, 2013 at Long g Beach, Cal lifornia.

__ __________ ___________ __________ ___________ ______ ALANA A HAN NCOCK

DECLARA ATION OF ALA ANA HANCOC CK -1

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EXHIBIT #125

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DECLARATION OF SERGIO SANDOVAL

I, Sergio Sandoval, declare as follows: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. I am a resident of Los Angeles County, CA. I have worked for attorney Matthew Pappas since 2011. I am assigned, for the most

part, to coordinating efforts to advocate for patients in the City of Long Beach, California. My job duties include responding to police raids of patient groups, communicating with patients, coordinating and paying bail when patients are arrested, communicating with reporters, drafting and editing declarations after talking with the declarants, obtaining search warrants affidavits when applicable following raids, helping patients who have been injured during raids, filing documents, helping coordinate with patients when they appear in court, photographing raids when I am notified there is a police raid taking place, helping to clean-up the substantial damage caused by police during the raids, obtaining and reviewing video footage, if the video surveillance systems have not been removed by police, following raids, and other general law office activities. I am very familiar with the state guidelines governing the operation of collectives in California. Part of my job duties include reviewing and ensuring that all collectives we work with are in compliance with state law. Although I cannot observe collective activities at all times, I have inspected various collectives that participate in advocating with us on behalf of patients. If I determine a collective is not in compliance with state law, I work with the collective to make sure any compliance issues are corrected. Collectives that fail to maintain compliance or correct compliance issues are not allowed to participate in the group that helps advocate for patients. 3. I am the law offices primary contact for Aladdin Bail Bonds in Long Beach. Over

the period the raids have taken place, I have coordinated the bail approximately one-hundred (100) times for patients arrested under the Long Beach municipal code for misdemeanors. Patients have been arrested and charged under LBMC Chapters 5.87 and 5.89 since 2011. The bail for patients arrested under the municipal code is usually between $65 and $250. 4. Before the permitting provisions of LBMC Chapter 5.87 were stricken by an

appellate court, I personally know that there were at least seventy-five (75) people arrested under that city law. I also personally am aware of at least over 100 people have been arrested under LBMC Chapter 5.89.

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5.

On at least ten (10) occasions, I have gone to the site where raids are taking place

after being notified by patients of the raids. I have, on some of those occasions, taken video footage and still image digital photographs of the raids and actions taken by the police. In every raid I have personally observed, police officers with guns drawn or with assault rifles pointed at patients. I have observed officers holding guns at patients heads while those patients are on the ground. In all of the raids I have observed, I have never seen any patient offer any resistance to police officers. In every raid I have observed, the people detained by the police are compliant and obey officer commands. Despite obeying the commands of the police, I have personally heard officers tell patients that they are drug criminals, use expletives, and threaten patients with violence even though the patients are complying with the officers. For instance, I have heard officers with guns drawn threaten a patient who had her hands on her head and who was being completely compliant with officers tell the patient that he would shoot her if she moved. 6. Following raids and the posting of bond, I have met with patients arrested by police

and have observed physical injuries including injuries to legs, lacerations, and bruises. I have also visited the patient collective locations immediately following the raids I have witnessed and observed substantial destruction to the collectives including broken equipment, smashed video cameras, broken boards and walls, broken doors, and materials strewn and thrown onto the ground. 7. I have personally visited collectives as part of my law office duties prior to raids

and observed computer equipment and the areas where patient files are securely stored. I have then visited those same collectives immediately following raids and noted computers, files, and printers are missing from the collectives. When I have observed raids of collectives by police, I have seen officers and plain-clothes personnel carrying equipment and what appears to be cannabis medication from the locations. When I have entered the collectives following raids, all medication is gone. 8. Approximately forty (40) raids of collectives took place between February, 2011

and April, 2012. When, as part of my job duties, I investigated those raids, I investigated whether police had obtained search warrants. In the raids conducted between February, 2011 and April, 2012, I have been unable to locate or obtain any warrant for those raids. When I have contacted the Long Beach Police Department and identified the raid dates and locations, I have been told that the Police Department has no record of the raids. When I have, during those calls or visits to the Police

Department, asked for the inventory of property taken during the raids, I was again told there is no record of the raids or any inventory. For example, I contacted the Long Beach Police Department

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multiple times in November and December, 2012 to obtain the F numbers, affidavits, and base search warrants for raids. One of the raids I inquired about was conducted on March 21, 2012 at Naturecann Collective on Atlantic in Long Beach. I was told there was no search warrant and no record of the property taken from Naturecann on March 21, 2012. 9. I also went to the Green Earth Center on the afternoon of May 29, 2012 when I was

notified a police raids was going on at that collective. When I arrived at Green Earth Center, the police were still present in the location. I stayed away from the collective and observed officers (both plainclothes and in uniform) placing equipment and cannabis medication into unmarked vehicles. I

personally know Detective David Strohman and saw him at the collective. After the police had left, the collective was left open with nobody inside. I went across to secure the collective for the patients and found the interior of the location had been substantially vandalized. Furniture was broken and there were parts and materials all over the floor. The door had been damaged and it appeared walls had been broken. All of the computers were gone and it was clear all cannabis medication had been taken. 10. On September 13, 2012, I was in the Long Beach courthouse of the Los Angeles

Superior Court. Detective Strohman, who I have met previously, came up behind me while I was on the escalator. He put his hand on my shoulder and said, hey, I know you. He then said, you must be here for the marijuana thing that whole thing is a bunch of bull shit. 11. After a flurry of raids and press reports about the City raiding collectives in

October, 2012, I was assigned responsibility for obtaining police reports, search warrants, search warrant affidavits, and F numbers for all prior raids from the Long Beach Police Department. In November and December, I called and visited the police department and the court in an effort to obtain the paperwork and F numbers. At almost every turn, I was being stonewalled by the City. I was transferred to different people who then transferred me to other people I was shifted from one department to another. When I finally went personally to the police station and the court, I was again given the run around. After at least fifteen (15) calls and multiple visits, I was finally able to obtain F numbers showing that officers began obtaining warrants for their raids sometime around April, 2012. It was only after April, 2012 that patients present during raids, in some of the raids, provided me with warrants. For instance, I received a warrant from the managing patient of Naturecann for a May, 2012 raid that he said had not been served, but rather was left amongst the trash and papers strewn on the floor of the location.

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12.

In December, 2012, while in my house and working over the phone with one our

colleagues Yvonne Ortiz to jointly obtain the F numbers on the still missing search warrants, after I had been on the phone being transferred and then on-hold with the police department to obtain warrant paperwork and police reports, five (5) Long Beach police cars double-parked on the street directly infront of my house. Several of the officers got out of their cars and looked directly at my apartment which is the upstairs unit in a house. The officers remained in front of my house without doing anything except looking up at me for approximately five to eight (5-8) minutes. 13. In April, 2012, while I was again working to obtain warrant information and on the

phone with the police department, I heard a loud banging at my downstairs door to my house. I called out my office window, which is nearly over the door and asked who it was. The person replied that it was the police and he was there investigating 911 calls made to the department from my address. I opened my window and stuck head outside so that he could see that I was no kind of threat and said, I had not dialed 911. I asked him what number the calls were coming. He replied what is your landline? I reported that I am not even sure since it is connected to a fax machine and the fax machine is not even working. After I gave him my number he said that that was the number that was calling the police station and sometimes these things happen. 14. Back in December, 2011, when Naturecann had donated a totally separate office

space several units down from its location on Atlantic, I was helping Tori Pappas, who was setting up the officer for her Dad, complete the business license approval process for Long Beach. After Tori had expressed frustration at the city, I accompanied her several times to city hall to assist her. During December, 2011 through February, 2012, I periodically helped Tori when she was unable to get city inspectors and personnel to call her back. During that time, the front door of the law office was locked almost all of the time with a paper sign noting the office was not open. When I went to city hall with Tori, I noticed that she was getting the run around. When I tried to help by talking to city personnel, I too was given excuses and reasons for why the process was taking so long. 15. In January, 2012, while I was in the office with Mr. Pappas who was infrequently

there but periodically would come to the office to bring up equipment or to get papers, a man came into the back door of the office. Eric Sviatek, who was working on the computers at the office, was also present. The man showed a badge and identified himself as a city officer. The officer was in plainclothes. Since the front door was locked, the officer said he had come around to the back. He cited Mr. Pappas for operating the office without a business license. This was after I had gone to city hall with

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Tori Pappas and even though there was a sign on the front of the office saying it was closed. One of the things I had done with Tori in helping her with the business license application process was to review the business license application and other city documents related to business licenses. I knew they were harassing Mr. Pappas because the business license instructions state that the office must be completely setup with everything in it and ready-to-go before the license will be issued. Mr. Pappas was very polite and accepted the misdemeanor ticket from the officer. 16. Between the months of October, 2012 and May, 2013, there have been, on average

two to three police raids of collectives each week. Because I primarily handle the bail for patients for the raids of collectives that participate in our group, I have bailed what seems like countless people out of jail. I have been told of and I have seen police with assault rifles and pistols who look like they are dealing with a hostage crisis or bank robbery in almost every raid. I know personally that the patients are being charged only with alleged misdemeanor violation of LBMC Chap. 5.89, a municipal ordinance. People working at Aladdin, in the court, and in the Long Beach jail have made comments including, why is the city arresting these people? Ive observed officers who are rough with patients and who point guns at their heads and who push guns into their faces. These raids are ongoing and continuous. 17. In early-September, I personally read articles in the Long Beach press reporting that In late-2011, I

a Los Angeles Superior Court judge had found LBMC Chap. 5.89 was invalid.

personally read articles in the Long Beach press reporting that a state appellate court had stricken-down the $14,742 non-refundable lottery fee and permit system including in LBMC Chap. 5.87. The medical marijuana issue is widely reported in Long Beach. I have personally read a late-2012 letter written by deputy city attorney Kendra Carney to attorney Richard Brakefield telling Mr. Brakefield there was no finding in August, 2012 that LBMC Chap. 5.89 was preempted by state law. I also saw the August 17, 2012 minute order issued by the Los Angeles Superior Court overruling a motion filed by Long Beach based on the invalidity of LBMC Chap. 5.89 the finding Ms. Carney said had not been made. Ive gone to state court with Mr. Pappas at least ten (10) times where he has asked the courts to enjoin enforcement of LBMC Chap. 5.89. At almost every hearing the judge would refer to the California Supreme Court cases. Mr. Pappas would leave frustrated after explaining to the judges he was not seeking relief on the same basis as the Supreme Court case. I have heard, during several hearings, the deputy city attorneys for Long Beach refer to the Supreme Court case and ask the judges to delay for the Supreme Court decision. I found it quite inappropriate for Long Beach to urge continuing stays on the

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state court cases against it but then turns around and conducts regular raids of collectives between two and three times per week. 18. I personally know medical cannabis patients in Long Beach with AIDS, who are in

wheelchairs, and who have cancer. I have observed elderly, clearly ill, and wheelchair-bound people at every one of the collectives. I have also observed people who do not appear outwardly sick or disabled at the collectives. Following every raid that I have witnessed, when I am at the collective locations that have been raided, there has been between one (1) and maybe five (5) different patients who arrive and who I can tell are agitated and scared because the collective had been raided. For instance, after two (2) raids just week apart from one another in June, 2012 of the same collective, I was present outside the collective following the raids when an older man with a cane came up and was clearly distressed because the collective was closed and he was unable to access medication. I spoke with him he was a veteran. While I was talking to him, a man pushing a very frail woman in a wheelchair walked up and inquired about what had happened and told the woman he was sorry but they could not get her medication. 19. When reading the warrants affidavits I was eventually able to obtain, I noticed that

each of the officer affidavits are almost exactly the same with a few minor changes including the address and name of the collective. Every affidavit talks about drug trafficking and narcotics. Every single warrant I have seen when there has been a warrant refers to methamphetamine and other drugs. As I have stated in this declaration, Ive had to deal regularly with the bail bonding companies for probably more than 100 patients and workers arrested by police. Over the several years Ive been doing this and after all of the many raids, there has never been a drug felony charged. I have seen rejection letters from the Los Angeles District Attorneys office rejecting felony charges when Long Beach has tried to submit those charges. For instance, Long Beach tried to charge a patient wearing a belt-buckle that looks like brass-knuckles with a felony. In the hundreds of raids that have gone on, there have never been charges for methamphetamine or heroin or other drugs. Also, all of the charges against patients that relate to anything that has to do with marijuana have not been felonies under state law, but rather are always misdemeanors for violating either Long Beach 5.87 or 5.89. This is because I know the between eight and ten patient groups we help in Long Beach work to be completely compliant with state law and provide for patients. There are now only about five collectives left several have had to stop operating because the raids have essentially destroyed them.

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20.

I have also o read in the e affidavits that the poli ice use RC CIs (Reliabl le Confident tial

Informants). These e RCIs have e valid medic cal marijuan na prescriptio ons and appa arently go in n and purcha ase marijua ana after becoming pati ient member rs of the co ollectives. In n 2011, I kn now personally because ea deputy L.A. County y District At ttorney told me that a m man named E Emanuel Wal lker was goi ing into patie ent ives as an RCI. R When that deputy D.A. told m me Emanuel Walker was s an RCI, K Kathy Windom, collecti the mo other of a man m who ha ad been mur rdered by W Walker, was present wit th me at the e Long Bea ach courtho ouse. I was present at th he courthous se with Ms. W Windom for r a hearing in n the crimin nal case again nst Emanu uel Walker, who had killed her son n with anoth her individu ual. Not onl ly are Long g Beach poli ice officers s pointing gu uns in peoples faces and d stepping w with the full-weight of th heir bodies on patients who w are com mpletely com mplying with h their order rs, they are u using the lik kes of Emanu uel Walker as confident tial informa ants and wer re sending him into colle ectives. I declar re under pen nalty of perjury under th he laws of t the State of California a and the Unit ted States of o America that the afor rementioned d statement r represents m my personal k knowledge a and is true and a
n EXECU UTED this 2nd day of Ma ay, 2013:

_______ __________ ___________ __________ _________ Sergio Sandoval S

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