Record Search Report mt HERZBERG Gender; 'PanyHT 9nu2579 mm. Co mm, ROBERTALAN Doom Numhcr man mm" Cnunly an 07/15/2019 om sums: mum Hung Name ArmIDlw owe/2019 Anesfl'lm . Ecu- Hamil". STATE or: scum Fmsacmm' DANIEL VAN GORP <20an Nam-V Cmmsel Type: Rammed (Pfivtle) Cuunse' Highway Type: cm am: HA2 MVIDnveranh- Vemdl count 0! 224m (rs) Poss MORE mm 1a LE MARIJLMNA 0mm of 2242-7 (F5) mam-0:: wnmzur am 1 LE on man: MARJ Com 91 22.42.54 (rs) messuon or nRuGrsusmnc: SCHEDULES I 0R II Conn 51 2241151111111 mean ImeImur O1HER nun ucuuouc EEVERAGE Baum: 0mm: can Bum! Puma on 0712mm) Slmus' 55mm nu Em In Full aims/2m Ema} m} cheedmg nesuvmn Jung. Nam: 8994" um 'Bsqm Tm 54am Inn'alAppearanne cam/20w 9mm He'd Fvaiim Ivy Huarinu <SOUTH DAKOTA HIGHWAY PATROL PROBABLE CAUSE AFFIDAVIT State oISnuth Dakota 6th Judicial circuit Jackson County Criminal No. state at South Dakota, plaintilr .Vs. HERZBERG ROBERT defendant Offensel 22-4277 - Possession with Intent to Distribute 1 Lb or More Maruuana 22-42% Possession Di Marijuana More than 10 31-154 -Speedlng on Interstate (06710 MPH Over Limlt)(MZ) Onluly 16th, 2019 I was parked stationary on a median crossover on at mile marker 148 in Jackson County. At approximately 1720 hours I observed a white Chevrolet Tahoe traveling eastbound thal appeared ta be traveling faster than the posted SOMPH speed limit. I activated my front radar antenna and received a speed reading of semen. pulled nutfmm the crossover and began to catch up tothe vehicle. As iwas catching up to the vehicle I again activated my front radar antenna and received a speed reading of on the white Tahoe. Once behind the Tahoe activated my emergency lights and the Tahoe came to a stop near mile marker 151. The Tahoe was bearing California license plate-i I made contact with the lone male driver through the driver's side Window and told him the reason for the stop. I asked the driver for his driver's license and Vehicle registration. The driver handed me a Colorado driver's litense identifying him as Robert Herzberg and a rental agreement for the vehicle While at the Vehicle I could smell the strong odor of raw marliuana coming from within the vehicle. I asked Mr. Henbeig to come back to my patrol car and he did. In my patrol car I told Mr. Herzberg that I would be issuing him a courtesy warning for his speed and asked him about his trip. Mr. Herzberg told me that he was taking a load of hemp to Mlnneapalis. I then told Mr. Herzbergthat i would be searching the vehicle because I could smell the odor of raw marijuana. I placed Mr. Herlherg in the back seat of my patrol vehicle while i searched the Tahoe, A Search of the Tahoe revealed approximately 292Ibs of raw marlJuana that were in two large white saris in the back passenger area of the Tahoe. lplaced Mr. Herzberg under arrest for possession of marijuana and possession of marijuana with intent to distribute. STATE OF SOUTH DAKOTA CIRCUIT cover JADKSON co FILED JUL 30 2019 Qw'lbewma. Clerk ByWDepury Page o" Tip Benjamin Filipiak HP 74 South Dakota Highway Patrol Dated: 7/18/19 Subscribed and sworn to before me this day of Notary Public My Commission expires: (Seal) Page 2 of 2 CLI--Pf--lko Sula of South Dakota aowumr muizwvo'wmmumvimv masamnam .1 5m mum mama: a uzmum mmuavw .mm m: unnumusn angel cmpums mu unis mu summ- 0mm! mm misuse Mm CM. A WITHIN THE AND AFORESALO NERZEERG, RUBERY ALAN m. .w mm Wm WM um. (mm- Numb-r um. co mar-m zuu film/mink 8mm :uv Wm: Mama-mm 1w: sun PC EA 'Ill mum. 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NOTICE OF APPEARANCE NOTICE IS HEREBY PROVIDED TO YOU, State of South Dakota, by and through Jackson County State?s Attorney Daniel Van Gorp, Kadoka, South Dakota 57543, that the undersigned, Matthew J. Kinney, Spear?sh, South Dakota, hereby notes his appearance as Counsel of Record for Defendant in the above-captioned matter. Please direct all correspondence and inquiries concerning the Defendant to these offices. REQUEST FOR DISCOVERY T0 PROSECUTING AUTHORITY COMES NOW, Defendant Robert Herzberg, by and through his attorney of record, Matthew J. Kinney of Spear?sh, South Dakota, and hereby requests discovery of the following materials presently in the possession, custody or control of the plaintiff pursuant to SDCL Chap. 1. Please fumish copies of any and all written, recorded, unsigned, oral or electronically recorded statements, admissions, confessions, or declarations allegedly made by the Defendant or copies of such statements in the possession, custody or control of the State which are relevant to the acts charged in the Indictment, the existence of which is known or by the exercise of due diligence may become known to the State?s Attorney; 2. Please disclose when, where, and in whose presence any statements, admissions, confessions, or declarations of the Defendant were allegedly made; 3. Please disclose who advised the Defendant of his constitutional rights; where, when and how was he advised of said constitutional rights; and whether he made any statements, admissions, or confessions prior to having been advised of his rights; 4. Please provide a copy of the Defendant?s prior criminal records; Filed: 7/22/2019 4:34 PM CST Jackson County, South Dakota 35CRI19-000016 NOTICE OF APPEARANCE AND REQUEST FOR DISCOVERY State v. Robert Herzberg, CR1 19- 16 5. Please furnish copies or otherwise permit inspection of any and all evidence, books, papers, documents, photographs, videotapes, audiotapes, tangible objects, buildings or places, or copies or portions of them which are in the possession, custody or control of the State?s Attorney, which are intended for use by the State?s Attorney as evidence in chief at any and all hearings and! or trial in this matter. 6. Please furnish copies or otherwise permit inspection of any results or reports of physical or mental examination and of scienti?c tests or experiments, or copies of them, which are in the possession, custody or control of the State?s Attorney, the existence of which is known or by the exercise of due diligence may become known to the State?s Attorney, and which are material to the preparation of the case as evidence in chief at any and all hearings and/0r trial in this matter. Please furnish copies of any and all statements in the possession of the State?s Attorney which were made by any and all witnesses or prospective witnesses of the state or any department or agency of the state, to include any Grand Jury testimony of any witnesses. 8. Ifthere was an informant or such other person or persons who provided information regarding the Defendant or the arrest of the Defendant, please provide: A. The names and addresses of all persons who provided such information. B. The speci?c information provided by the informant or other person. C. Whether the informant or other person was paid or if any type of bargain was struck with the informant or other person, and if so, the specifics of the agreement. 9. Please provide copies of the criminal records of all witnesses, other than law enforcement of?cers, that the State intends to call as part of their case in chief. 10. Please provide copies of any and all waivers signed by the Defendant. 11. Please disclose and produce any other exculpatory evidence. Ifat any time prior to or during any hearing/trial in this matter you dis cover additional evidence or material which has previously been requested or ordered and which is subject to discovery or inspection you are hereby requested to notify the undersigned attorney or party or the Court of the existence of such additional evidence or material. This request is being made pursuant to SDCL Filed: 7/22/2019 4:34 PM CST Jackson County, South Dakota 350Rl19-000016 NOTICE OF APPEARANCE AND REQUEST FOR DISCOVERY State V. Robert Herzberg, CR1 19-16 DATED this 22? day of July, 2019. KINNEY LAW, P.C. By: ls/ Matthew J. Kinney Matthew J. Kinney Attorney for Defendant 121 W. Hudson P.O. Box 729 Spearfish, SD 57783 (605) 642-2147 Email: CERTIFICATE OF SERVICE 1, Matthew J. Kinney, do hereby certify that on the 22nd day of July, 2019, I caused a true and correct copy of the foregoing NOTICE OF APPEARANCE and REQUEST FOR DISCOVERY to be served upon Mr. Daniel Van Gorp, Attorney at Law, Jackson County State?s Attorney?s Of?ce, PO Box 219, Kadoka, South Dakota 57543, by electronic service through Odyssey File and Serve. ls/ Matt_h_ew J. Kinney . Matthew J. Kinney Filed: 7l22l2019 4:34 PM CST Jackson County, South Dakota OF SOUTH DAKOTA IN CIRCUIT COURT COUNTY OF: JACIQON JUDICIAL CIRCUIT STATE OF SOUTH DAKOTA CHARGE51POSSESSIOH Muriiuana move Ihun Possession WI Fmen? To dishibuie le or more of Marijuana VS. STATE OF SOUTH DAKOTA CIRCUIT (figfifiAfiKSON CU. DEFENDANT: Robert Alan Hertha; JUL 2 I: 2013 Elle I ORDER SPECIFIVING METHODS AND BY CONDITIONS OF RELEASE ORDER PERSONAL The deiendunf promises Io appear OI OII scheduled hearings, RECOGNIZANCE UNSECURED BOND The defendan? execute a bond binding him/her ID pay Coumy Vhe sum of $_in Ihe evenI he/she IGIIS to appear as required. DEPOSIT The defendanrwill execuIe 0 bond binding him/her I0 pay County the sum OT 5 and deposTI wIIh me Clerk of Com; Ihe sum OI noI being more man of The omoun? of bond. CASH OR SURETY The delendam wiII means a bond In The amour" oI $500000 BOND CASH ONLY (By The deposi! of an equal amount OI cushJ (May secure by Ihe undertaking of sufficient SureIIes. AGREE TO TAKE CUSTODY OF THE DEFENDANT AND TO SUPERVISE THE DEFENDNANT AS SET FORTH I FURTHER AGREE TO USE EVERY EFFORT TO ASSURE THE APPEARANCE AT ALL SCHEDULED HEARINGS BEFORE THIS COURT AND TO NOTIFY THIS COURT IMMEDIATELV IF THE DEFENDANT VIOLATES ANV CONDITION OF ER RELEASE OR ATTEMPTS TO ALSO, I UNDERSTAND THAT ANV CASH POSTED FOR BOND IS THE OF THE DEFENDANT AND WILI. BE USED TO PAV THE FINES, COSTS, I I ms defendant appears In MagisIrute/Circuir lor the abovernamed civcuii as fcIlows: Tlme: 9:00am Duh: In GI Ihe Jackson Counfl qufl ngse. 2. That Ihe defendanI does noI Ieove The abovenamed CIICUII wiIhouI prior permisslon 0! older of Ihe Court. except in accordance wiIh The ordevs or warrant of any oIher of 3. mar Ihe defendonl abides by any iudgmenr emered in any mafier by surrendeving himsell to serve any sentence imposed and obeys any order or direcfion in conneclion w'wh such Judgment as The Cour? Imposing it may prescribe. A. T'th The defendani will not violate a sIoIe or Iederal Icw or municipal ordinance. 5, Thai the aslenaonl will keep the court or his/her attorney, it represented by counsel, advised ol his/her whereabouls al all times. 6. The detendentwill also comply With each of the loilowlng conditions: No Contact with alleged victim[si_ residence or place or employment No entering bars No possession/consumption oI drugs. Must submit to random or bylaw entarcen'ient at deiendant's Cost Participate in 24/7 Sobriety Program 2 times daily weekly times a week Submit to voluntary warranties: search of home, person. and /ar vehicle Sign waiver oi extradition i Obey all local, state, federal laws, make all court appearances IOND SET BY: Magistrate C. Buchand PCN: mmum ARREST DATE19711612017 DOB: 3. Failure to Appear If the defendant appears as ordered and otherwise obeys and pertorms the Ioregoing conditions at this band, then bond is declared void. If the delendani fails to obey or perton any or lne aondilions, payment ol The amount at this bond shall be due Any iudge or magistrate having cognizance of the above-entitled matter at the time OI such breach may declare lorreiture at this bond for any breach of its conditions. It the bond is lortelted and it the torleiture is not set aside or remitted, judgment may be entered upon motian in such Court of this State against each and severally for the amount above Stated. together with interest and costs, Execution may be issued and payment secured as provided by the South Dakota code at Criminal Procedure and other laws at the Stale of South Dakota. it is agreed and understood that this is a continuing bond (including any on appeal or review), which shall continue, in full Iorce and eltect Until such time as the undersigned is duly exonerated. FAILURE TO APPEAR AT THE TIME REQUESTED MAY RESULT IN THE CONVICTION OF A CLASS FIVE FELDNV (5 years imprisonment In the state penltentlury and/or a llne at $5,000 may b0 Impaled) IF THE RE TO APPEAR OCCURRED IN A FEKONV CASE. FAILURE TO APPEAR IN A MISDEMEANOR CASE MAV RESUU IN A PENALTY OF ONE YEAR IN THE COUNTV OR A 51,000 OR BOTH. I, Robert Alan understand the methods and conditions at my release, which have been checked above, and the penalties and Iorteitures applicabfie in the event I viulute any condition or tail to appear as requir. I agree mply fully with each of the obligations imposed on my release and ID notin this Court unge 'The address indicated below. DATE: 974:4? DOB Ilp:_ Plums: out Orlty lor the commitment at the defendant until sixth time DEFENDANT: Address: Your copy at this Order/Bond constitutes your all conditions of release are complied with. You are directed to produce the deleridcmt belore the appropriate magistrate or judge at the time and place specified above, it the defendant t! still in your custody Based upon the above, il is ORDERED that the delendanl be released upon compliance with all terms and conditlorls set lorth herein, 0r Magistrate/Circutt Court Judge Sheritt's Telephone Number (505)331-2255 Clerk or cauns Telephone Number: [595) mm; States Attarney Telephone Number: 31M STATE OF SOUTH DAKOTA CIRCUIT COURT. JACKSON CO. FILED STATE OF SOUTH DAKOTA) JUL 3" 2mg IN THE CIRCUIT COURT SS "ufiamunQ. Clerk COUNTY OF JACKSON) 5). JUDICIAL CIRCUIT CR No. STATE OF SOUTH DAKOTA, Plaintiff, COMPLAINT v5. POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA ROBERT ALAN HERZBERG, SDCL 22-42-7 DOB: (Class 3 Felony) 1 Address: POSSESSION OF MARIJUANA SDCL 22--42-6 (Class 3 Felony) The undersigned being duly sworn upon oath charges that on or about the 16"- day of July, 2019, in the County of Jackson, state of South Dakota ROBERT ALAN did then and there, wrongfully and unlawfully, commit the public 0 enses I 2. COUNT 1: POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA, a Class 3 Felony, in that he did knowingly possess with intent to distribute one pound or more of marijuana, in violation of SDCL 22-42-7; 3i COUNT 2: POSSESSION BE MORE THAN TEN POUNDS 0F MARIJUANA, a Class 3 Felony, in that he did knowingly possess more than ten pounds of marijuana, in violation of SDCL 2242-6; 4. Contrary to statute in such case made and provided against the peace and dignity of the State of South Dakota. 5, Complainant states that this Complaint is based upon the attached probable cause affidavit by Trooper Benjamin Filipiak. 32 05' aniel G. Van Gorp Dated this 22 fidzy of July, 2019' Jackson County State's Attorney Subscribed and sworn to before me this 9am day of July, 2019. My Commisslon Expires Aprll s, 2023 NOTARY HOND DENNIS Netuy Public scum DAKOTA My Commission Expires: STATE OF SOUTH DAKOTA) SS COUNTY OF JACKSON) IN THE CIRCUIT COURT SIXTH JUDICIAL CIRCUIT STATE OF SOUTH DAKOTA, Plaintiff, VS. ROBERT ALAN HERZBERG, DOB: 06?04-1978 Address: 176 Antler Way Red Feather Lakes, CO 80545 Defendant. 15 or- soura DAKOTA count. mason co. FILED AUG 20 2019 Clerk #Deput?l CR No. 35011119000916 AMENDED COMPLAINT POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA SDCL 22?42?7 (Class 3 Felony) POSSESSION OF MARIJUANA SDCL 22-42?6 (Class 3 Felony) UNAUTHORIZED OF A CONTROLLED SUBSTANCE SDCL 22?42?51 (Class 5 Felony) INGESTING SUBSTANCE SDCL 22-42-15 (Class 1 Misdemeanor) 1. The undersigned being duly sworn upon oath charges that on or about the 16th day of July, 2019, in the County of Jackson, State of South Dakota ROBERT ALAN HERZBERG did then and there, wrongfully and unlawfully, commit the public offenses of: 2. COUNT 1: POSSESSION WITH INTENT TO DISTRIBUTE MARIJUANA, a Class 3 Felony, in that he did knowingly possess with intent to distribute one pound or more of marijuana, in violation of SDCL 22-42?7; 3. COUNT 2: POSSESSION OF MORE THAN TEN POUNDS 0F MARIJUANA, a Class 3 Felony, in that he did knowingly possess more than ten pounds of marijuana, in violation of SDCL 22-42-63; 4. COUNT 3: UNAUTHORIZED INGESTION OF A CONTROLLED DRUG OR SUBSTANCE, a Class 5 Felony, in that he did knowingly ingest a controlled drug or substance, or did have a controlled drug or substance in an altered state in his body, that was not obtained directly or pursuant to a valid prescription or order from a practitioner while acting in the course of the practitioner?s professional practice, to- wit: Cocaine, a Schedule II substance, in violation of SDCL 22-42-54; and Page 1 of 2 5. COUNT 4: INGESTING SUBSTANCE, OTHER THAN ALCOHOL, FOR THE PURPOSE OF BECOMING INTOXICATED, a Class 1 Misdemeanor, in that he did intentionally ingest, inhale, or otherwise take into his body any substance, except alcoholic beverages, for the purpose of becoming intoxicated, to-wit: Marijuana, in violation of SDCL 22-42-15; 6. Contrary to statute in such case made and provided against the peace and dignity of the State of South Dakota. 7. Complainant states that this Complaint is based upon the attached reports from Troopers Benjamin Filipiak and Dylan Dowling and the attached Chemist?s af?davit. Dated this [2 day of August, 2019. ?aniel G. Van Gorp Jackson County State?s Attorney Ago/3% Subscribed and sworn to before me this 5?43 day of August, 2019. . NOTARY PUBLIC, SOUTH DAKOTA . . . My Commission Expires My Commissmn Expires: SEAL HONDA DENNIS Notary Public SOUTHDAKOTA Page 2 of 2 SOUTH DAKOTA HIGHWAY PATROL Web; Case HP19003637CR Primed on Augusl14, 2019 lsmus Amive Reporl Type Case Repurl Flimary Oflicer Benjamin Filipiak Invesugalar Nana Reported Al 07/16/19 17:21 OF SOUTH DAKOTA om 07/15/19 17:21 cm H. Incident Coda DHUG DRUG cfiffi'fimm' Localion MM 151 90 Znna Jackan AUG 2 203 Ben! HP Ead>ands QM: Eadma. clerk mused - Charges Flled By Disposltloll DalalTlme 07/17/19 20:43 Hevlaw lav Gang Acuvily None Assk Officer: 60 bowling, Dy|an; 39' A Hauaen. Man Avreslee Hsnzasna. aoasn'r ALAN Male. DOB - Clted HERZBEHG, ROBERT ALAN Male, DOB- Offender HERZBERG, ROBERT ALAN Male. DO - 01- (name Slap) 2242.5 . Passessmn Mafliuana Mum lhan (F3) 2242-7 - Fussasxion with lnxanl tn Dislribma' Lb 0! Move Manjuana (F3) 2242-7- Possessian with IntenHO I Lhar Mare Mavijuana (F3) 2242-6 - Pussessiun 0' Marijuana Mare man 10 \hs (F3) 2242- Fossesston with Intent to Disulbule1 Lb DY Mum Mafljuana (F3) 2242-6 - Possession 0V MariJuana More lhan (0 (F5) Mada, by Case HPIBBOSBWCE Page I 01 7 - CA - (Warning. cttation) 2m White Chevrolet Tahoe --CA- (Citation) 20m White Chevrolet Tahde Primary Narrative By Beniamin Filipiak, 07/21/19 19:38 Herzberg Arrest On July I was parked stationary on a median crossover near mile mavke! 148 l-so in Jackson County. At approximately '720 hours. I ubsawed an eastbound White Chevrolet Tahoe that appeared to he traveran taster than the posted 60 mile per hour speed limit. activated my tront radar antenna and received a speed reading at as miles per hour. I pulled out Item the crossover and began to catch up to the Tahoe. as was catching upto the Tahoe I observed that It was passing a semi. I again activated my tront tsdet antenna and received a speed reading item the Tahoe oi as miles per haul. I got behind the Tahoe and activated my emergency lights. The Tahoe same to a stop near mile matket I51 and was beating Callfomia license pleie_. I approached the Tahoe en the passenger side and contested the lone male driver through the passenger side window. At the passenger side window. I oould immediately smell the strong odor oi raw marijuana coming Item within the Tahoe. I also observed a ball cap on the hunt passenger seat that said. "Take a hit man". i told the dlivet the reason i stopped him and asked him tor his more license and registration. The handed me a Cularada driver's Ilcense that Identified t'ilm as Robert Herzheru, MI. Helzberg also handed me the rental agreement tor the Tahoe. While Mi. Harzberg was handing mettle requested iniotmation he asked me how my day was going. I told Mr. Herzherg that it was going line. I then asked Mr. Herzberg to come trash to my patrol car with me and he did. in my pettol car I told Mr. Herzberg that I would be issuing him a counesy warning tor his speed. While running a registration chesk on the Tahoe and a driver's license check on Mr. ttetzoerg. i asked Mr. Her-rbetg about his trip. i asked Mr. Herzberg 'what brings you out this way"? My. Heuberg replied "on my way to Minneapolis" asked Mr. what he had going on in Minneapolis? Ml. l-lerzberg nsplied, 21 have a hemp that Mr. Herzberg seemed to be nervous evident oy his heavy breathing and his hsanbeat visible through his shirt. wnlle running the registration and driver's license checks Ml. Herzberg made the statement 'Mtat a beautitul day it is though, I've never been through this way." i asked Ml. Herzherg it he had ever made this trip and he said tic hadn't. observed that on the rental agreement the pick-up date and time far the Tahoe was on July at 10:24pm in Denver on and that the Tahoe was due to be returned on July is". 2019 at 7:00pm in Saint Paul MN. i also saw that the estimated total charge tor the rental was 493.07 dollars. I asked Mr. Hetzberg it he would just make his dehvety and then come right back and he said 'yep, I'm mnning a little bit late. so I got to try and catch my night on the way back'. Mr. Herzbelg told me that he worm tor a can extraction company. asked Mr. Hezberg how long he had been with the company and he told the eight months. i asked Mr. Herzherq aboul the odor at marijuana and he told me "oh yeah the whole, whole cars tuil oi hemp so that's what you've smelling", there's no way you couldn't smell that'. I asked Mr. Herzberg wherein Minneapolis he was taking the hemp to? Mt. l-ierzberg told me that he had the address in phone and was unable to tell the where in Minneapolis was going. I asked Mr. Herzoerg'how much he had in the vehicle and he told me and pounds. I asked Mr. Herzberg how much he usually get paid tor his trips. Mr. Hstzoetg told me that he was getting a thousand dollars lor this trip. I asked Mr. Harmelg it his llight peak was paid tor also and he said yes. A short time passed where neitherl or Mr. Herzberg were talking while I was ttnishing the warning process. Mr. Henbilg again asked me "how' everything going'. Altar printing at the warning and explainan it to Mr. Herzherg I told him that I would be searching his vehicle due to the odor oi raw matituana coming tram it. tasked Mr. Herzherg ii the only thing that was in the vehicle was his load. And he stated yes. Mr. t-lerzberg then told me that he had little bit that he took trorn the hack in his cigarette paok to sample. I observed that when I would ask Mr. Hetzherg about his trip or the load he was hauling that he would become more nervous. I searched Mr. tlnding nothing illegal on his person and seoured him in the back seat or my patrol car while I searched the Tahoe. A Search of the Tahoe revealed two large whltis Backs that contained a glean lealy substance that looked and smelled like raw marijuana. livid tested the glean lealy subslance and it tesled pasilive tor maliiuana. alsn lunated a green Made by Cass Page 2 oi 7 leaiy substance in a cigarette pack along with a halt smoked cigarette on the center console of the Tahoe. i found this odd since if this was for "sampling" purposes why would it be placed with a half-smoked cigarette. placed Mr. Herzberg in handcuffs, checked for proper fit and double locked them and secured him in the back seat of my patrol car. I secured the Tahoe and had Sheds Towing of Kadoka respond to my location. Shad?s loaded the vehicle and remained behind the Tahoe until Sheds brought it to the Murdo DOT shop tor further inspection. At the Murdo DOT shop I met with Trooper Dylan Dowling. Trooper Dowling interviewed Mr. H'erzberg and assisted me - in processing the Tahoe. The Marijuana was seized by Trooper Dowling. The Marijuana was placed in the back of Trooper Dowiing' pickup to be taken to Pierre evidence. The marijuana was later found to have an approximate weight of 292 pounds The vehicle was released to Sheds Towing. All personal property that remained in the vehicle can be picked up at any time. I transported Mr. Herzberg to the Prairie Post gas station in Presho where he was turned over to a Winner transport Officer to be taken to the Winner Jail. South Dakota Highway Patrol Trooper Ben Filipiak Property Evidence Item Category Type Status Location Description HP1900363TCR Digital in Digital Files Digital Photo - Digital Photo of #1 Seed Bag Filled with 147LB of Marijuana HP19003637CR Digital in Digital Files Digital Photo - Digital Photo of #2 Seed Bag Filled with Marijuana 145 LB Digital In Digital Files Digital Photo . Digital Photo of #2 Seed Bag Filled with Marijuana 145 LB Digital in Digital Files Digital Photo - Digital Photo of #1 Seed Bag Filled with 147LB of Marijuana Digital in Digital Files ?Digital Photo - P1040338 Digital In Digital Fiies Digital Photo 91040339 HP19003637GR-003 Digital In Digital Flies Digital Photo - . Pt 040340 Made by ZUECI-ER Case HP19003637CH Page 3 of 7 Item it Category Type Status Location Description HP19003637CR-004 Digital in Digital Files Digital Photo - P1040341 HP190036370R-005 Digital in Digital Files Digital Photo - . P1040342 HP19003637CR-006 Digital In Digital Files Digital Photo - P1040343 HP19003637CR-007 Digital in Digital Files Digital Photo - P1040344 Digital in Digital Files Digital Photo - P1040345 HP19003637CR-009 Digital in Digital Files Digital Photo - P1040346 HP19003637CR-010 Digital In Digital Files Digital Photo - P1040347 Digital In Digital Files Digital Photo - P1040348 HP19003637CR-012 Digital in Digital Files Digital Photo - P1040349 HP19003637CR-013 Digital in Digital Files Digital Photo - P1040350 HP19003637CR-014 Digital In Digital Files Digital Photo - P1040351 90036370Fi-01 5 Digital in Digital Files Digital Photo - P1040352 HP19003637CR-016 Digital In Digital Files Digital Photo - P1040353 HP19003637CR-017 Digital In Digital Files Digital Photo - P1040354 HP19003637CR-018 Digital In Digital Files Digital Photo - P1040355 Digital - in Digital Files .Digital Photo - P1040356 HP19003637OR-020 Digital in Digital Files Digital Photo - P1040357 HP19003637GR-021 Digital In Digital Files Digital Photo - P1040358 Digital in Digital Files Digital Photo - P1040359 HP19003637CR-023 Digital in Digital Files Digital Photo - P1040360 HP190036370R-024 Digital In Digital Files Digital Photo - P1040361 Made by ZUERCPER Case HP19003637CH Page 4 Di 7 item Category Type Status Location Description HP19003637CR-025 Digital in Digital Files Digital Photo - P1040362 HP190036370R-026 Digital in Digital Files Digital Photo - P1040363 Digital in Digital Files Digital Photo - P1040364 HP19003637CFI-028 Digital in Digital Files Digital Photo - P1040365 HP190036370R-029 Digital in Digital Files Digital Photo - IP1040366 HP19003637CR-030 Digital in Digital Files Digital Photo P1040367 HP19003637CR-031 Digital In Digital Files Digital Photo P1040363 HP19003637CR-032 Digital in Digital Files Digital Photo - P1040369 HP19003637CR-033 Digital in Digital Files Digital Photo P1040370 HP19003637CR-034 Digital in Digital Files Digital Photo P1040371 HP19003637CR-035 Digital In Digital Files Digital Photo - P1040372 HP190036370R-036 Digital In Digital Files Digital Photo - P1040373 HP19003637CR-037 Digital In Digital Files Digital Photo - P1040374 Digital - in Digital Files Digital Photo- P1040375 HP19003637CR-039 Digital in Digital Files Digital Photo - P1040376 HP19003637CR-040 Digital in Digital Files Digital Photo - P1040377 Digital in Digital Files Digital Photo . P1040373 Digital In Digital Files Digital Photo P1040379 HP19003637CR-043 Digital In Digital Files Digital Photo - P1040380 HP190036370R-044 Digital In Digital Files Digital Photo - P1040381 HP19003637CR-045 Digital ln Digital Files Digital Photo P1040382 Made by ZUERCI-ER Case HP19003637CR Page 5 of 7 Item Category Type Status Location Description HP19003637CR-046 Digital in Digital Files Digital Photo - P1040383 HP19003637CR-047 Digital In Digital Files Digital Photo - P1040384 Digital In Digital Files Digital Photo - IP1040385 HP190036370R-049 Digital in Digital Files Digital Photo - P1040386 Digital In Digital Files Digital Photo - P1040387 Digital in Digital Files Digital Photo P1040388 HP19003637CR-052 Digital in Digital Files Digital Photo - P1040389 Digital in Digital Files Digital Photo - P1040390 Digital In Digital Files Digital Photo - P1040391 HP19003637OR-055 Digital In Digital Files Digital Photo - P1040392 HP190036376R-056 Digital In Digital Files Digital Photo - P1040393 HP19003637CR-057 Digital in Digital Files Digital Photo - P1040394 HP19003637CH-058 Digital in Digital Files Digital Photo - P1040395 HP19003637CR-059 Digital in Digital Files Digital Photo P1040396 . 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ECTCI STATE OF SOUTH DAKOTA DIVISION OF CRIMINAL INVESTIGATION OFFICE or THE ATTORNEY GENERAL GEORGE s. MICKELSON CRIMINAL JUSTICE CENTER PIERRE, SOUTH DAKOTA 57501-3505 PHONE {505) 773-3331 FAX (505) 773-4629 Case 20191 968NF1 Printed on July 22, 2019 Status Approved Report Type Narrative Report Primary Officer Dylan Bowling Records Technician Reported At 07f17I19 08:58 incident Date 07/16f19 18:40 incident Code Location I 90 MM 151 . Zone GEN Beat Jackson Disposition Active (Open) Disposition Date/1' ime 07/18f19 08:58 Case Comments Trooper Filipiak conducted a traffic stop on 90 near mile marker 151. During the traffic stop Trooper Filipiak could smell the smell of marijuana coming from the vehicle. A search of the vehicie revealed approximately 292 of marijuana. Offense Information Offense Statute NIBHS Code Counts Include In NIBRS Completed Bias Motivation Loca?on Entry Forced Criminal Activities Offense Statute NIBRS Code Counts include In NIBRS Completed Details Bias Motivation Loca?on Entry Forced Criminal Activities Possession of Marijuana More than 10 (F3) . 22-42-6 35A - Drug/Narcotic Violations 1 No Yes None (no bias) Highwaleoad/Alley No Possessing/Concealing Possession with Intent to Distribute 1 Lb or More Marijuana (F3) 22-42-7 35A - DrugiNarcotic Violations 1 No Yes Offender(s) Used Drugs None (no bias) Highway/Road/Alley No Possessing/Concealing Made by ZIJERCFER Case 20191968NF1 Page 1 oi 3 Oflender HEHZBERG, ROBERT ALAN 4 Male 003 22--42-6 - Passesslon n1 Mariiuana More than 10 (F3) 2242-7 - Pussesslori Intent in Distribute i Lb or More Maliiuana (F8) Vehicles CA 2m WHITE Chevrolet Tahoe Owner Pv Holding Corp Primary Narrative By Dylan Dowiing, 07/19/19 12:49 Report oh .luly i6. 2019. I received a phone call lrorn South Dakota Highway Patrol Sergeant John Lord advising SDHP Trooper Benjamin Fliipiak was requesting assistance with a tram stop with approximately 300 pounds ol a green leaty substance consistent with marijuana He advised the suspect was transporting on interstate so near mile marker 151 in .laakson County. $0th Dakota. Sergeant Lord advised Trooper Filipiak would be the suspect and vehicle to the Murdo DOT Lot. I responded to assist Trooper Filipiak. I contacted Tmoper Fillpiak at the Murdo DDT Lot Trooper advised he stopped a ceiltornto plated vehicle tor speeding. White speaking to the driven whom was tdentiiled as Robert Alan Herzuerg, he could smell the strong odor at marijuana coming trarn the vehiole, A plobabie cause search ol the vehicle revealed two large seed bags containing a green lealy substance consistent with rnariiuena. cunlacled Robert, who was seated in the back seat at Trooper Filipiak's patrol. I Introduced myselt to Ruben and showed him my credenllals. Hobart advised he would like In use the real room iaskad Ruben ii he would be willing to piovlde a voluntary urine sample Ruben advised he would. lesoorted Robert to the bathroom and obtained a urine sample tram trim. The urine sample was sealed and remained in my custody until ltwas hand delivered lo the State Health Lab in Plans. 50. escnrisd Robert to my vehicle and asked him to have a seat in my lront passenger seat again showed Robert my ciedemials. explainsd lo Robed that I walk with a Federal Drug Task Force and would like In speak with him regaining [he tiaflic slap. I read Rnban his Miranda Flights. 1 read the rights verbatim from a South Dakota Law Enlolcemem and Training issued Milunda Warning cam. Robert his iighls and Wield i0 speak with the. Tile iollowing is merely a synopsis 0! my conversation wlm'HobevL For complete and exact varoiaqe oi the oonvsrutions please rate! (a the audio recording. which can b3 lound attached It) (his case undei Propeny/Evldence. Robert rovided a date at oirt cellular telephone nurneer ol and an address ol I --Huben advised he is curramly employer n. ma extraction process oi hemp, Robert later advised he works in the mariiuana ousiness helping with the extraction process and marketing. While speaking with Robert. observed Ruben appeared to overly nervous. evident by me seeing his heart heat through his i-shin and his Disaman appealed in be labeled. Marie by Case ZOIEIBGENR Page 2 013 Ruben advtsed he was uavelirlg from Boulder. Colorado to Minneapolis, Minnesota. i asked Hnuen what was the product he was transporting, nobsn advised he was transporting what he believed to be hemp lot a can Company. Ruben the 'oomparty as Fixilit Company and the company was owned by Russell Lester. Robert advised he is gelling paid $000.00 US currency to transport the product. Ruben slated "lrs out/lens my Intent was "at to transport maliiuana. Because as you can see it's not packaged. It's not drug marijuana.' Ruben advised he works with Russell and assisted with the extraction process. Roben talked about how its chsapal lo Ilanspun the hemp rather oomplete the sxlraulion process in Colorado. Ruben advised the address at the plans the product was going to was on his cellulal phone and he did nol know who or the name at the business Robert advised he had the lab results showing the THC content 'ol the material lossted In the vehicle on his cellular phone. asked Roben i1 he has ever made any priur balms. Hobart advised this was his lirst trip. - I explained to Ruben that [he plodth looked and smelled like mafljulnl. Rot:th advised he believed the product ll: ha hemp. i asked Rot:th to explain the extracliun process. Robert advised they soade the marituanl in ethanol and evapolata the ethanol {Waugh 8 shun distillation asked Hobart what he was llal'lSDUrling to Minnesota Ruben advised it was law harm biomass. Ruben advised he asked Russell multiple limes plim to leaving Culol'ado If the product was "hot". i asked Ruben il he knew the THC content at that material lucaled in the Vehicle. Robert advised he believed it was 403% THC. asked Ruben it he would Show me the lab report on his cellular phune. Ruben advised he would. I provided Ruben with his cellular phone. Robert began lo sealoh his email but was unable to locals a lab report As Ruben was looking in! Ihe lat: report on his cellular phone. I again uhsaerd his nervousness hisld not subdqu but had become mole pronounced. I could still see his heart beat through his t-shin. his bfsalhirlg was (shared. and now his hands were shaking as he searched in! the lab reporl. Ruben began talking about how he could not to gt: tu tail and advised he wuuld be to walk I explained to Ruben sinus he is not llcm'l Ihe area it would he dlificull lur him to work alnoe he did not know anyone in Soulh Dskula, asked Robert tor consent to search his cellular phone. Rouen advised he did not wish to provide his consent to saaioh his cellular phone but would pluviue the pass code lor his osllulal phone. Hoben advised me pass code is I thanked Robert let his unopevat'lun and lime and concluded my convelsallon with him. lluuk possession at large seed sags containing a green lsaty substance with rnariluana rental agreement. and Robert's cellular phone. Robert's cellular phnne was a gold iPhone -- "unspoiled the evidence to the FBI's Plans RA. On July I7. 2019. weighed the two large seed bags. bag 1 weighted 147 pounds and bag 2 weighed 145 pounds, total weight 292 pounds. The lwo seed bags were transported to the SDHP Pierre Intake and plaoed in a secure area. On July to. 2019. i applied tor and was granted a slate search warrant lot Robert's cellular telephone by the Honombls Judge Klingsr. For more details at search warrant and all related doouments, Which are attached the case. Once the results oi the search warrant are available. they will be and added to the case. TFO Bowling Mada WERCIER case 20191BSENR Page a at a SOUTH DAKOTA DE South Dakota Public Health Laboratory 615 East 4th Street Pierre. SD 57501 (605) 773-3368 HENJH Dylan Bowling Report Date: . 0811512019 P.O. BOX 1797 Specimen 2019UA02970 Aberdeen, SD 57402 Agency Case HP19003637CR County: Jackson Subject Robert Herzberg Date Received: 07/19/2019 Seal Date: 07/16/2019 Delivery Method: Hand Delivered by Sea! Initials: Not Provided Dylan Bowling Date Collected: 0711612019 Specimen Source: urine Collector Initials: DD Specimen Comment: The charges for testing this specimen has been billed to the SD Drug Control Fund. Ptease request restitutionlcost for this testing to be paid to: 80 Drug Control Fund 1302 E. Highway 14 Suite 5 Pierre. SD 57501 Comprehensive Drug Screen Method: Immunoassay Test Fee: $30.00 Creatinine 87 mgidL Amine Screen Negative Opiates Screen Negative Chemist: Cody Geftre THC-COOH Continuation Method: corms toot Fee: $20.09 275 Chemist: Cody Geffre Cocaine Con?rmation Method: GCIMS Test Fee: $20.00 Cocaine 1118 rig/mi. . Benzoylecgonine 2027? ngimL Test Comment: BenzoyieCQonine is the primary metebotite of Cocaine. Chemist: - Cody Geffre Page 1 of 1 ea: ea $76.06