Local citizens called a meeting and many neighbors gathered together to consider an appropriate response to this invasion of privacy and worse in their homes and neighborhoods. From these grassroots, and initially with the help of (now retired) attorney Ron Sinoway, the Civil Liberties Monitoring Project (CLMP) was formed, and became a non-profit community organization, to monitor and document such abuses of civil liberties by law enforcement agencies, and to encourage both pubic awareness of constitutional rights and community involvement in preserving and protecting them.
Initially, in 1984, CAMP was sued and a preliminary injunction was issued on helicopter and ground activities.
In 1985, planning and record keeping was required by law enforcement and pilots to avoid helicopter overflights.
In 1986, a monitor was appointed to oversee CAMP activities.
And in 1987, state and federal defendants agreed to a “Consent Decree,” a set of guidelines to be followed by all law enforcement during their surveillance and dealings with citizens. These rules kept both public safety and personal constitutional rights foremost, and included rules for helicopters and protocol for officers everywhere in the U.S. For example, helicopters were to avoid flying over homes, and officers were not to enter private property without a warrant.
Also, in 1990, following Operation Greensweep, the northcoast invasion of active military troops on BLM lands, the single civil war action within the U.S. until 9-11, CLMP helped bring suit in the interest of the neighboring landowners, the environment and endangered species, which resulted in rules to avoid helicopter flights over domiciles of threatened and endangered species, as well as homes, and required environmental assessment before initiating major raids.
People Ask, "What Are Our Rights?"
For 27 years now, the Civil Liberties Monitoring Project has maintained an office and a hotline to receive calls from local citizens who report law enforcement behavior that is questionable or extreme. Here are some of the reports we received this fall and winter about incidents in Mendocino County, and from Shelter Cove and Whitethorn callers about their privacy being invaded by the new resident deputy there.
A mother reported that her daughter who was a worker at a small grow in Mendocino had been “totally terrorized” by camouflage-wearing, gun-pointing invaders who came out of the bushes near where she was standing at the door to a greenhouse. They never identified themselves, threw the daughter on the ground, handcuffed her, were verbally abusive and kicked her as well as threatening to kill the puppy who was there. They then locked her in a van for 6 hours with several other people, and didn’t allow them to relieve themselves. Sheriff’s deputies came later with a warrant with a neighboring property-owner’s name on it, and she was released without charges.
Though the Mendocino Sheriff reported that they didn’t touch plants in posted medical grows, we heard from a caller that he witnessed (through binoculars) a posted medical marijuana grow in his neighborhood being raided by law enforcement.
A few drivers reported being stopped and searched in or near Willits. A young man (with a 215) reported that he was stopped by CHP in Willits, and when he asked why, the officer said, “I’ll get to that in a minute,” and then said, “I smell marijuana.” The driver said he didn’t think so, and when the officer asked if he could search, the driver said no. Then, he said, the officer asked if he wanted a ticket for going 50 in a 25 mile zone. He said he definitely wasn’t speeding, it was a ruse, but, wanting to avoid the hassle of a ticket, he let him search. The officer found less than an ounce, and let the young man go.
A mother reported that her daughter who was driving south was stopped at dusk in the rain on Highway 101 north of Willits by a man in a jeep with flashing lights inside his vehicle, not on top. He had plain clothes and wore a badge hanging from his neck. She said he asked her if she was transporting drugs, and when she said no, told her to get out of the car so he could search “because this is a heavy drug trafficking area.” She stood in the rain while he went through her things and then he let her go.
And a veteran reported, “They’re hitting really hard. This is a major escalation, gestapo-type, with heli’s and guns! It feels like a war zone!” referring to the multi-agency raids in the Bell Springs/Spy Rock area, where many arrests were made this year.
From Shelter Cove, in late September, we got word that the new deputy is “doing door-to-door meet-and-greet, and checking people’s 215 compliances.” A caller reported that, "the new resident deputy is surprising people, checking 215s without warrants, and sometimes taking plants. He approached our home from the back, along a private road. When I asked him what he was doing, he said he could see that our [215-posted] greenhouse size was compliant, so he wouldn’t be back until next year. What are our rights? This is an invasion of our privacy!”
A new property owner in Shelter Cove received a code violation citation from the deputy for living in a self-contained motor home on his property without a septic system. The property owner who had parked his motorhome on his developed driveway when he visited to plan future property development, received an apology from the Sheriff’s office, and was given time for compliance by a County Planning Officer.
Sheriff’s assistant Brenda Godsey, interviewed on KMUD on Sept. 29, said that the code checks were a misunderstanding, that they should be performed by County Planning and that the deputy would not be doing it any more.
Since then, another caller has reported that the deputy still mentions code as a reason to be patrolling and stopping to check for 215s at locations on private roads.
Local attorney, Jay Moller, responded to the question of “What are our rights?”
”The answers to the few questions I see are: 1) A cop can go to anyone’s front door and ask them anything he wants. No one has to respond. If he sees marijuana on the way, then it would be wise to show one’s 215. Otherwise, you can be arrested. Locked gates are a gray area of the law. I would say it’s illegal to ignore them without a warrant or probable cause and an emergency (particularly if they are part of the curtilage of a home), but there’s an argument that if a locked gate is in the open fields, then the open fields doctrine (trespassing allowed by cops) might apply. A cop can assume marijuana he sees is illegal absent proof of 215.”
To the comment, “Law Enforcement needs to realize that the 100 square feet County limit for medical marijuana is a default limit; if your doctor notes your need for more then that is valid,” Jay wrote, “While there is no fixed 215 limit, the cops are able to arrest for what looks like is over the limit and let the DA and courts sort out what the doctor has recommended versus the amount growing.” Mendocino County recently lost two such cases filed by their District Attorney.
A Shelter Cove resident complained that she and others in their condominium have seen the deputy looking into their living rooms with binoculars. She said it is apparently due to misinformation being reported to the deputy that there is a meth lab there. She said that he stopped a driver leaving Shelter Cove and questioned what he knew about the meth lab, inferring that there was one, thereby spreading a false rumor. The driver’s mother, another condominium resident, was in the backseat of the vehicle.
While callers report that the new resident deputy in Shelter Cove is friendly, and that he is benefiting the community, they have mentioned that they are afraid to speak out about perceived civil rights abuses because they fear retribution when it’s known who they are and where they live.
When a policeman comes to your door, it’s intimidating. And when you feel you are under surveillance you tend to become angry and defensive. It is important to speak up about activities that infringe on your civil liberties so that others are made aware. If we don’t maintain our rights, we may lose them.
CLMP hosts a radio talk show, the Civil Liberties Hour on KMUD, at 7 p.m. on the first Wednesday of each month. Previous shows are available in KMUD.org’s archives. Listeners are encouraged to call in with questions and comments.
On Jan. 6, Deputy Hamilton was in the studio, interviewed by Bonnie Blackberry and Charlie Custer. The deputy explained his approach to law enforcement, and defended his “snoopiness” as being a necessary part of his job. To help ensure privacy, it was recommended that private drives and curtilages be posted.
Citizens of Humboldt, Mendocino, and Trinity counties are encouraged to call 923-4646 or e-mail clmp@civilliberties.org to report abuses of civil liberties by law enforcement or other government agencies. Regular office hours are on Tuesdays and Fridays. Calls are monitored daily.
Submitted by Suzelle (in-office monitor) for CLMP
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