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This section includes the following elements which were served upon Alex White Plume on Saturday, August 10, 2002.

Thanks to Sandy Sauser for typing these documents into a word processor for Web posting, and to Bob Newland of the South Dakota Industrial Hemp Council for providing them.



Legal Cases > White Plume > Affidavit
 
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
 
   
 
 

UNITED STATES OF AMERICA,
Plaintiff,

vs.
ALEXANDER "Alex" WHITE PLUME, PERCY WHITE PLUME, their agents, servants, assigns, attorneys, and all others acting in concert with the named Defendant,

Defendants

 

CIV 02-5071


AFFIDAVIT IN SUPPORT OF COMPLAINT AND MOTION FOR TEMPORARY RESTRAINING ORDER AND MOTION FOR PRELIMINARY INJUNCTION

 
         
 
 
I, J.C. Salley, being first duly sworn, depose and state as follows:
 
1. I am a Special Agent of the United States Department of Justice, Drug Enforcement Administration (DEA) and I have been a federal narcotics agent for over fifteen (15) years. Prior to my appointment as a DEA Special Agent, I served as a police officer in the City of Cheyenne, Wyoming, for two and one-half (2 1/2) years. During my tenure as a law enforcement officer, I have worked on numerous major drug investigations, and I have worked in a undercover capacity purchasing controlled substances. I have been the affiant on numerous federal and state search warrant applications over the last fifteen (15) years.
 
2. I actively participated in the activities described below between May 2000 and the present. As part of this investigation, I interviewed several individuals, and familiarized myself with the reports of interviews conducted by other law enforcement officers. The following information does not constitute the totality of the information known about this case by myself and other law enforcement personnel. All information referred to below concerns events that I personally witnessed, records and/or documents that I personally reviewed, or information that I learned directly from the officers involved, either orally or through review of their written reports.
 
3. On May 11, 1998, the Oglala Sioux Tribal Council voted to meet with the United States Attorney for the District of South Dakota in regard to a proposed tribal ordinance to grow "hemp." On May 18, 1998, the Oglala Sioux Tribal Council sent a letter to the United States Attorney for the District of South Dakota notifying the United States Attorney of the proposed ordinance. (Ex. 1).
 
4. On June 23, 1998, following consultation with DEA's Chief Counsel, then United States Attorney Karen E. Schreier advised the President of the Oglala Sioux Tribe by letter of the necessity to obtain DEA registration to grow "hemp." The United States Attorney informed the Tribal President in the letter that "[a]ny individual cultivating marijuana or hemp in South Dakota without a valid DEA registration will be subject to criminal prosecution pursuant to 21 U.S.C. Sec. 841(a)." (Ex. 2).
 
5. On August 7, 1998, the Oglala Sioux Tribal Council passed an ordinance permitting land use associations to grow "industrial hemp," described as Cannabis Sativa with THC content of 1& or less. (Ex. 3).
 
6. IN May 2000, Alex WHITE PLUME and his family planted marijuana on tribal lands near the WHITE PLUME family residences north of Manderson, South Dakota, on the Pine Ridge Indian Reservation.
 
7. BIA Criminal Investigator Colin Clark informed me that on or about July 18, 2000, he acquired approximately 107 grams of marijuana from Alex WHITE PLUME. This marijuana was taken from plants in WHITE PLUME's outdoor grow. This sample was sent on July 20, 2000, to the University of Mississippi Drugs of Abuse Research Program by BIA C/I Clark and FBI Special Agent Charles Cresalia, for analysis. (Exs. 4 & 5). During the acquisition of this evidence, BIA C/I Clark took several photographs of WHITE PLUME in his marijuana grow. (Exs. 6 & 7).
 
8. As he acquired the marijuana sample from Alex WHITE PLUME, BIA C/I Clark discussed the grow with Alex WHITE PLUME. WHITE PLUME gave BIA C/I Clark a tour of the field where the marijuana was growing and acknowledged that the grow and the field were his.
 
9. The field identified in the preceding paragraphs was located on land owned by WHITE PLUME and his family. The land is legally described as: parcel 6647, located within Rage 44 West, Township 38 North, Section 12. The Oglala Sioux Tribe Realty Office lists the owners of the property as: Alex White Plume, Alexander (Ghost) Bad Bear, Alex Bad Bear, Barbara Bad Bear, Leon A. LaDeaux and Steven L. LaDeaux.
 
10. On July 24, 2000, Sandy Sauser, Secretary of the Slim Butte Land Use Association, wrote a memorandum to the Oglala Tribe Land Committee describing the state of the crops and their location. (Ex. 8).
 
11. On August 21, 2000, federal search warrants were obtained for two separate marijuana fields on the Pine Ridge Indian Reservation. One, identified as the "church grow," was located a few miles west of the community of Pine Ridge, and the other was located on WHITE PLUME'S property as previously described above.
 
12. On August 24, 2000, federal officers executed both search warrants. Pursuant to the execution of the search warrants, approximately 2,435 marijuana plants were seized from the marijuana grow west of Pine Ridge, and at least 3,720 marijuana plants were seized from the marijuana grow on WHITE PLUME'S land. Samples of marijuana from each grow were submitted to the DEA North Central Laboratory. A forensic chemist determined that the samples were marijuana. (Exs. 9 & 10).
 
13. On August 24, 2000, during the execution of the search warrant and the eradication of the marijuana on WHITE PLUME'S land, both Alex WHITE PLUME and his younger brother, Percy WHITE PLUME, arrived at the location. Deputy United States Marshal Paul Thielen initially stopped Alex WHITE PLUME. WHITE PLUME then spoke with FBI (ASAC) Ray Morrow and DEA (ASAC) Robert Hartman. Percy WHITE PLUME ran a law enforcement roadblock to get to the marijuana grow, but he was stopped and detained by agents before he actually got into the field. Both Alex WHITE PLUME and Percy WHITE PLUME were informed of the existence of the search warrant. Officers later served a copy of the search warrant on Alex WHITE PLUME at his residence.
 
14. On October 5, 2000, law enforcement officers destroyed the remaining "bulk" marijuana in accordance with a court Order issued by United States District Judge Richard H. Battey. (Ex. 11).
 
15. I have been informed by employees in the Des Moines, Iowa, DEA office that, on February 16, 2001, they were contacted by an attorney named Charlie LAMAN, who stated he represented several Indian tribes, including the Oglala Sioux Tribe. As part of his legal representation, Mr. LAMAN inquired about obtaining DEA registrations to grow industrial hemp. On February 20, 2001, an application was sent to: Charlie LAMAN, P.O. Box 2272, Topeka, KS 66601. On August 8, 2002, I spoke to Julie Antilla, a Diversion Investigator with the DEA Diversion Group in the Des Moines, Iowa, DEA office. According to her review of the records, that application has not been returned to DEA.
 
16. I have been informed that, in April 2001, Oglala Sioux Tribe (OST) Police Chief Marvin Bad Wound contacted FBI SSRA Mark Vukelich. Chief Bad Wound related that he had attended a Tribal Council meeting in Manderson, South Dakota. During this Tribal Council meeting, Alex WHITE PLUME told the Tribal Council that he would grow hemp again that year and he requested protection for his hemp from the tribal police. WHITE PLUME further stated that if the tribal officers would not protect his hemp from the federal government, he and his sons would protect it "the Indian way."
 
17. On May 18, 2001, your affiant and FBI SSRA Vukelich attempted to locate Alex WHITE PLUME to talk with him about the 2001 marijuana grow he and his family had planted. Your affiant and FBI SSRA Vukelich did not locate Alex WHITE PLUME, but did meet with Percy WHITE PLUME. Percy WHITE PLUME stated that Alex WHITE PLUME was not growing marijuana in 2001 because Alex WHITE PLUME stood the possibility of being arrested if he grew again. Percy WHITE PLUME further stated he was the one growing marijuana in 2001 instead of Alex WHITE PLUME. Percy WHITE PLUME inquired about the requirements for obtaining a permit to grow marijuana/hemp. Your affiant told Percy WHITE PLUME that there were extensive security requirements and an application/registration process with DEA to become a schedule I manufacturer. Your affiant told Percy WHITE PLUME that the appropriate forms would be sent to him. Your affiant and FBI SSRA Vukelich advised Percy WHITE PLUME that growing marijuana under the guise of industrial hemp was illegal and if he grew marijuana he could be prosecuted.
 
18. On May 29, 2001, pursuant to the conversation on May 18, 2001, between your affiant, FBI SSRA Mark Vukelich, and Percy WHITE PLUME, a DEA-225, Application for Registration, was sent to Percy WHITE PLUME at P.O. Box 411, Manderson, South Dakota. On August 8, 2002, your affiant spoke to Julie Antilla, a Diversion Investigator with the DEA Diversion Group in the Des Moines, Iowa, DEA office. According to her review of the records, that application has not been returned to DEA.
 
19. On July 27, 2001, Alex WHITE PLUME, Percy WHITE PLUME, and their attorney, Bruce Ellison, met with Assistant United States Attorney Mark A. Vargo, your affiant and DEA Special Agent Paul Mancini. During this meeting, Alex WHITE PLUME signed a consent form authorizing DEA to search, seize and destroy any marijuana on WHITE PLUME'S property. (Ex. 12). As part of this agreement, the United States granted Alex WHITE PLUME limited use immunity on the condition that Alex WHITE PLUME not plant or cultivate marijuana in the future without the authority of an Order issued by the United States District Court. (Ex. 13).
 
20. On July 30, 2001, federal aw enforcement agents eradicated approximately 3,400 cultivated marijuana plants from the WHITE PLUME grow. (Ex. 14, 15, 16, & 17). This grow was adjacent to Percy WHITE PLUME'S residence. The residence is located northwest of Manderson, South Dakota, and is legally described as: parcel 6645, located within Range 44 West, Township 38 North, Sections 11 and 12. The Oglala Sioux Tribe Realty Office lists the owners of the property as: Percy White Plume, Jr., Alta Lou White Plume, Alexander White Plume (deceased), Wyoma Ureta Smith, Roger Bissonette, Alexander White Plume, Carlene Crazy Thunder, Alex White Plume, Rita Sue White Plume, Sonja Ramona White Plume, Sonya Ramona White Plume, Mildred E. Weasel Alkire and Carla Denise Crazy Thunder.
 
21. Samples from the 2001 marijuana grow described in the preceding paragraph were forwarded to the DEA Laboratory in Chicago, Illinois, where they were later tested and found to be marijuana. (Exs. 18 & 19).
 
22. Also on July 30, 2001, federal agents eradicated an additional 2,600 volunteer marijuana plants at the site of the previous 2000 Alex WHITE PLUME marijuana grow.
 
23. On July 30, 2001, Alex WHITE PLUME had a conversation with FBI Special Agent William Grode in which WHITE PLUME made the following statements: that he, Alex WHITE PLUME, planted the hemp field to support his family and that the 1868 Fort Laramie Treaty allowed him to do so. WHITE PLUME further stated it would have cost him $875.00 to obtain a federal permit to grow marijuana and he did not have that kind of money.
 
24. On July 30, 2001, FBI S/A Grode observed Alex WHITE PLUME being interviewed on Rapid City, South Dakota, KOTA-TV News, concerning the federal government's seizure of his marijuana crop. WHITE PLUME in this new story stated that he could plant, and that he would plant, again the following year. WHITE PLUME stated that it was his property that was destroyed, and he intended to sue the federal government for $1,000.00 for each plant destroyed.
 
25. On April 15, 2002, the WHITE PLUME family planted marijuana near or in the same area as the 2000 grow. The WHITE PLUME family held a ceremony and invited others to attend and assist in the planting. This event was openly reported in the Rapid City Journal and by a least one local television station (Ex. 20).
 
26. On July 8, 2002, your affiant and FBI Special Agent Dan Cooper traveled to the Pine Ridge Indian Reservation and went to the same location where Alex WHITE PLUME had planted marijuana in 2000. Upon arriving at the field, your affiant and S/A Cooper observed a "sacred staff" in the field along with several small plots of marijuana. Two of the marijuana plots had garden hoses running to them. These garden hoses were part of a water system that utilized a gas powered water pump. There was a hose running from the nearby creek to the water pump. A second hose ran from the water pump to white PVC pipe, which was finally connected to the garden hoses that ran to the marijuana plots. (Exs. 21, 22 & 23).
 
27. On July 8, 2002, your affiant collected plant samples from the marijuana grow described in the preceding paragraph. Your affiant later sent those samples to the DEA Laboratory in Chicago, Illinois. Your affiant has been informed telephonically by DEA Chemist Okiest Washington that he analyzed the samples and found them to be marijuana.
 
28. On August 3, 2002, your affiant observed an article in the Rapid City Journal, which quoted Alex WHITE PLUME as saying that the 2002 crop had been harvest the previous Monday (July 29, 2002). (Ex. 24). The article also quoted WHITE PLUME as claiming that he had a buyer for the crop, Madison Hemp & Flax Company of Lexington, Kentucky, whom he expected would come to South Dakota on August 14, 2002, to pick up the crop.
 
29. On August 2, 2002, FBI S/A Dan Cooper observed the field described in paragraph 26. S/A Cooper informs your affiant that, based upon his observations, it did not appear that the crop had been harvested.
 
Further your affiant sayeth not.
Dated this 9th day of August, 2002.
 
s/ J. C. Salley
J. C. SALLEY
Special Agent
Drug Enforcement Administration
 
Subscribed and sworn to before me this 9th day of August, 2002.
 
My Commission Expires: s/ Sophia Yellow Robe
8/17/2002 Notary Public, South Dakota
 
     
 
 
 
 
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