Hannah L. Nelson Attorney at Law 311:5}! Airport Road. Fort Bragg, 9518? - hannahnelson?hannahnelsonnet Rohnert Park Police Department January 4, 2017 500 City Center Drive Rohnert Park, CA 94928 Sonoma County District Attorney 600 Administration Drive, 212 Santa Rosa, CA 95403 Re: Rehnert Park PD Case #16-5412 Sgt. .C. Tatum Badge 537, Ofcr. Joe Huffakar Badge #429, Christine Giordano, Charging D.A.: I represent Hnedell Freeman who was stopped on 12229! 16 at 13:43 on Highway 101 South Bound at Asti (notably not within Rohnert Park) for an alleged traf?c violation. Mr. Freeman, a licensed and lawful cultivator in Mendocino County, was lawfully transporting medical cannabis to a lawfully licensed dispensary for who he is a member-designated cultivator, when he was pulled over by Of?cer Huffakar for allegedly crossing over a white line. Mr. Freeman not only disputes that he violated any traffic laws, but has indicated the following facts to me that support the conclusion that this was a pretext stop: Mr. Freeman was driving a rental car. Mr. Freeman had been travelling SB while the Of?cer had been travelling NB, considerably north of Rohnert Park (Asti), and crossed the meridian to go after Mr. Freeman who was not speeding and who states he was not swerving or driving in any unsafe manner whatsoever [Mn Freeman is a mature gentleman who generally takes great care in his actions]. After asking for license and registration, the very ?rst question the Officer asked was whether Mr. Freeman had any marijuana in the vehicle. Mr. Freeman was cited, but not for any traf?c violation. The medical cannabis was con?scated and no receipt or claim form was given to Mr. Freeman. Mr. Freeman was cited for illegal possession of more than an ounce and ordered to appear on March 13, 2017. Of?cer Huffakar was asked by my client to telephone me to confirm the validity of the nanSportation of the medical cannabis. Fortunately, Of?cer Huffakar did in fact call me and I informed him that Mr. Freeman was a licensed and lawful cultivator in Mendocino County that legitimately belonged to and provided medicine to the dispensary he was transporting to. I informed Of?cer Huffakar that I would gladly get the Hannah L. Nelson Attorney at Law 31152 Airport Road, Fort Bragg. EA 951:3? [7071952-9091 - hennahnelson?hannahnelsonnet Sheriff or Under Sheriff of Mendocino County on the telephone to con?rm that information. I also informed the officer that he should call the dispensary to con?rm the validity on that end. When the of?cer asked if Mr. Freeman had a transportation license, I informed the of?cer that such licenses are not yet issued by the state or in our local jurisdiction. The of?cer then asked if Mr. Freeman had transportation ?authorization papers.? I informed the officer that I did not know. What I meant was that I was not with Mr. Freeman at the time so I had no idea of what he had or did not have with him. I explained that I was not at my of?ce that I was speaking from my hands free mechanism in my car as I was driving on my way to Santa Rosa airport to catch a ?ight, but I reiterated thatI could easily call the Mendocino County Sheriffs Department to get him immediate con?rmation and I again urged that the officer telephone the dispensary to con?rm the legitimacy on that end. When the of?cer stated that Mr. Freemen had to have a piece of paper with transportation authorization and that a cultivation permit in Mendocino County was not good enough, I reiterated that he should call the dispensary and I stated that the law does not in fact require a tranSportation document since there is no transportation license at this'time. The of?cer told me that he had to check with his Sergeant. I speci?cally requested that the of?cer either call me back directly or have my client telephone me as soon as the interaction was completed. My client informed me that the of?cer did in fact speak to the dispensary and was able to con?rm the validity of him as a cultivating member and that the cannabis was law?illy being transported to the dispensary for its patient members. I never received a call from the of?cer or my client, so much later, after my ?ight, I telephoned my client. My client informed me that he was not told to call me but rather was told to wait for my call to him. Regardless of whether this was an illegal pretext stop, there is no legitimate basis for con?scating the medicine or for citing my client with illegal possession of over an ounce. There was an immediate veri?cation of all aspects of the situation. Patients were and still are waiting for that medicine. Attached is a letter from the diSpensary as well as a copy of the valid Mendocino County cultivation pemiit. Please expedite the return of the medicine. Please also do not refer this to the District Attorney?s office for the charge in the citation. Should the matter be referred to the District Attorney?s Of?ce, I hope that the charging. DA will consider carefully the factsl have presented in this letter and contemplate the resources it Dunn '1 (VP-J Hannah L. Nelson LN Attorney at Law 31552 Airport Road, Fort Bragg, EA 95137 {7071962-9091 - hannahnalson@hannahnelson.net would take to prosecute this case when there is ample proof of the legitimacy of this situation. The District Attorney should be aware that we are also prepared to demonstrate that all other aspects of the law have been followed. I would greatly appreciate a telephone call or email from someone at the Rohnert Park PD to inform me of the status of this situation. There is no reason to delay in the return of the medicine. On a personal note, coincidentally, I am the attorney that obtained the ?rst court?ordered return of medical cannabis to the patient. The case, which began in 1996, went all the way up to the Supreme Court of California and back down for more than 3 years. I fought that case pro bono because I believed ?tat patients should not have to rely on hiring an attorney to ensure the prompt return of their medicine. Though I no longer generally conduct litigation, I have a very personal and vested interest in making sure that the legacy of that decision continues to be upheld and respected. Thank you for your careful and immediate attention to this matter. Sincerely, Hannah L. Nelson Attorney for Huedell Freeman ?Danni!