Round Valley Reservation Challenges Authority of Kendall and Honsal and More in Federal Court After Raids Last July
Stock photo of cannabis being run through a chipper.
Press release from the Round Valley Indian Reservation:
Residents of the Round Valley Indian Reservation have filed a lawsuit in federal court in San Francisco against Mendocino County Sheriff Matt Kendall, Humboldt County Sheriff William Honsal, Mendocino and Humboldt counties, California Highway Patrol Commissioner Sean Duryee, and the CHP. The lawsuit alleges personal injuries and property damage caused by unconstitutional searches and seizures of their homes and properties, violating federal, state, and tribal laws.
The suit stem from raids conducted July 23 and 24, 2024, by Mendocino County Sheriff’s Office deputies in collaboration with other law enforcement agencies on the Round Valley Reservation. The plaintiffs include two grandmothers—one of whom, suffering from severe arthritis, cultivates plants for personal medicinal—and a rancher. During the raids, one grandmother was met at her front door by deputies with guns drawn, while her daughter, grandson, and nephew were inside the home.
Sheriff Kendall stated in an August 2, 2024, public statement that the raids were aimed at eradicating illegally cultivated marijuana plants from “the most egregious violators.” However, according to Lewis Whipple, former President of the Round Valley Indian Tribes Tribal Council, the claimants did not violate State or County laws. Whipple emphasized that State and County marijuana regulations do not apply on the Reservation, which is governed by the Tribe’s own medical marijuana laws that do not permit enforcement by external law enforcement. “The raids violated the Tribe’s sovereignty and tribal members’ rights against unlawful search and seizure,” Whipple stated.
The Tribe’s attorney, David Dehnert, underscored that Mendocino County Sheriff and other agencies lacked legal authority to enforce state civil regulatory laws on tribal lands, including those concerning marijuana cultivation, licensing, or environmental violations. “The Tribe has its own marijuana law enforced internally, and the Sheriff was fully aware of this before conducting the raids and destroying the claimants’ property,” Dehnert noted.
Co-counsel Les Marston, a Ukiah-based attorney, criticized Kendall’s actions, calling them an abuse of power. “This is a clear example of a Sheriff acting as if he is above the law, disregarding constitutional and federal protections for the Tribe and its members. Instead of collaborating with the Tribe to address illegal cartel operations, Kendall chose to act unilaterally, violating the rights of individuals and the Tribe,” Marston said.
The Tribe and the claimants intend to hold Sheriff Kendall and the other defendants accountable.
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The online are corrupr.. they get to keep money from busts. It maybe explains why eradication is the only thing they ever do. They certainly don’t solve murder. They will commit a murder but will never solve one they aren’t even capabable.
Murder is a serious accusation. Got any evidence?
Of course there’s no proof that’s why they get away with it ALL THE TIME you dumbass.
Do you live under a rock??? How many people have been found dead in the waterways with no one around when the cops “found” them???
Instead of throwing out personal insults, why don’t you offer up something useful?
Can you provide even one name of an unsolved murder committed by law enforcement? If “they get away with it ALL THE TIME”, you should be able to provide a list.
BTW, isn’t throwing out personal insults instead of offering facts and logic generally the type of action taken by someone too fucking stupid to make a valid argument? Who’s the dumbass?
Bob Davis! But it was Blamed on Someone Else! He Was Shot with 223Rem Bullets! Not 30 Caliber! That’s All You need to know!!
Bob Davis was the MCSO Deputy who was killed in a shootout with Bear Lincoln — how is that a murder committed by a Deputy?
If you mean Leonard Peters, he was killed by return fire after Bear Lincoln fired on the deputies during the initial confrontation.
No you are confused.
First of all, Bears brother in-law was the one who shot Peter’s.
And Bear was found innocent of all charges in the death of Bob Davis.
I might have been on that jury.
Lincoln did not shoot Davis.
Ha, ha!
You say: “Bears brother in-law was the one who shot Peter’s.”
Peters, who was walking ahead of Lincoln, was shot by the deputies after Lincoln shot at them — and you say I’m confused?
The rest of your comment only makes slightly more sense — if you were on the jury you know that Lincoln’s hat with a bullet hole through the crown was found in the brush which indicates he circled back and opened fire a second time on the deputies — that makes him guilty whether be shot Davis or not.
Lincoln was not found innocent — he was found not guilty under the law — the DA was unable to prove the case for a variety of reasons both in and outside the courtroom — Lincoln had a great showman as his attorney who knew how to play and play to the jury who were hand picked following extensive research, the jury was constantly exposed to protestors and drumming, the testimony of Winterhawk Lincoln was excluded, and of course Lincoln is an experienced pathological liar who soon proved that he was the same violent criminal and thug after the trial that he had been before — but enjoy your fantasy.
.223 Rem is a varmint cartridge. Did you mean it’s cousin 5.56 NATO?
You are obviously an officer of the criminal department who is helping to cover up the truth with your comments.
Here’s your list.
Deputy Bob Davis
Shot by a fellow officer & covered up by blaming Bear Lincoln, who was found not guilty.
Why was the case swept under the rug after Lincoln was found innocent?
Obviously someone shot officer Davis.
Who was it?
Also, I’m highly suspicious about Derek Hendry, having known him personally as a kid & young man (grew up at the same time in the same area) & therefore know of his true nature & word is that he was in a sexual relationship with a girl who was found dead. Hmm… makes you think.
Come on dude…
It’s like which one?
Do you remember the time of “The Covelo way”?
Two law enforcement officers “committed suicide”… as they called it. One deputy, one corrections officer… Certain other law enforcement officers were just outside the buildings when each of the victims “died of self inflicted gunshot wounds.”
Hmm… and the deputies working in Covelo were swapping wives as well as boning every spank in Covelo. That is until one deputy filed a lawsuit.
Mendocino county law enforcement has been riddled with criminal officers for decades. Anyone who says otherwise is either stupid, one of the officers, or just not paying attention.
100 percent!!!
The Tribe’s attorney says the Sheriff “lacks legal authority to enforce state civil regulatory laws on tribal lands including…environmental regulations” — but the Sheriff was enforcing criminal violations, not civil.
It’s a joke for the Tribe to say they enforce their own regulations — virtually every Tribal member, including those on the Tribal Council is either growing or has a close family member who is — any enforcement against a grower is gonna generate massive pushback — as a result there’s no enforcement.
5fa7045c26e380ecc8fa30ef_Compasionate-Use-Ordinance-of-2006.pdf
The tribe has had medical marijuana laws since 2006, similar to counties that can modify the square footage requirements for plant cultivation/counts while remaining compliant with state law. In this particular ordinance, it states that 25 plants can be grown with no square footage limit. If growers are cultivating monsters, this could result in a good yield. Recreational laws on sovereign land are also different that county and state laws. Therefore, they might still be within state law but actually making profits. What’s interesting here is whether Honsal and Kendall are prosecuting under federal law, which could have serious implications for everyone involved.
Honestly, tribes should have the authority to prosecute their own criminal behavior. The only reason this was taken away from them is that white people feared they might be treated as poorly as they had treated Indigenous people in the U.S. court system. This is also why so many Missing and Murdered Indigenous Women (MMIW) cases go unresolved and often remain uninvestigated. Like the tragic case of the 14-year-old girl who was recently found dismembered in trash bags. Rest in peace, sweet girl.
Section 6 – JURISDICTION/POLICE PROCEDURES
6.1 This Ordinance shall fall within the inherent jurisdiction of the Round Valley Indian Tribes, which includes civil regulatory jurisdiction over all persons, member or n on- member, while in Round Valley Indian Country, and over all Indians while upon any Reservation or Indian Country lands. Nothing about this Ordinance shall operate or construed to cause the Tribe to accede to any State civil regulatory or land use jurisdiction in Round Valley Indian Country, particularly the application of State marijuana laws and regulations. The Council hereby disclaims any application or enforcement of State civil regulatory or 1and use Jaws in Round Valley Indian Country, particularly any State marijuana laws and regulations, unless adopted by reference herein.
6.2 When a tribal member is situated on Indian Country trust land, a State officer’s civil regulatory authority extends only so long as that officer does not circumvent or contravene governing tribal procedure. Because of the likelihood that State officers will seek to enforce State marijuana laws upon persons in Round Valley Indian Country, State police officers shall give reasonable advance tribal notification prior to entrance into Round Valley Indian Country if it is reasonably likely that said entrance will result in the enforcement of State marijuana laws. 9
6.3 In order to effect any search, arrest or extradition warrant or investigation relative to State marijuana laws, against any tribal member in Round Valley Indian Country, State police officers shall not only provide that reasonable advance tribal notification required by Section 6.2, but shall also consult, communicate, and coordinate any such search, arrest, extradition, or investigation activities, with Tribal Police. Should the Tribal Police elect to cooperate in the execution any such search, arrest or extradition warrant or any investigation, State police officers shall not. frustrate such cooperation by any dispatched Tribal Police officer.
6.4 For purpose of any search, arrest or extradition warrant or investigation relative to State marijuana laws, against any tribal member in Round Valley Indian Country, Tribal Police shall be allowed access to, and allowed to share with State police officers, any land records from the Tribal Realty Department with regard to the location or ownership of any property in Round Valley Indian Country where marijuana is located, any member ship records from the Tribal Enrollment Department for purpose of determining whether any person alleged to have violated State marijuana laws is a tribal member, or any other relevant information. It is the Tribe’ s expectation that State police officers will reciprocate in sharing with Tribal Police any or all such documentation or information.
6.5 The Tribal codified procedures concerning any search, arrest or extradition warrant or investigation activities relative to any enforcement of State marijuana laws in Round Va1ley Indian Country, set forth in Sections 6.2, 6.3 and 6.4, are mandatory
Ok Andy
Not to mention a laundry list of other unadressed crimes from petty stuff to some terrible community tragedies. Tribe turns a blind eye. Those in power thrive in their crime cohorts. Seen it all and it’s gross. We want them out so we can not be held accountable or be good humans.
So you take constant monies from and are provided services from the government, but claim you are sovereign and immune from laws. This nonsense has gone way too far.Round Valley is a constant drain on public resources.
In an attempt to acknowledge the historical harms done to Indigenous peoples, taxes have been proposed for non-Native residents living on stolen land. The PUBLIC owes way more than they have given for the land taken from the people. I think it’s important to remember that violent massacres and displacement occurred in our area around six generations ago. What you are seeing play out is a nation attempting to rebuild itself from deep trauma and disgusting racist policy. I would support a California state initiative to tax land and municipalities as a ‘lease payment’ for stolen land.
I would also like to remind you that Honsal has a poor track record when it comes to acknowledging sovereignty on tribes. Here is an article that highlights his treatment of tribal police doing their jobs.
The Battle Over Bear River | News | North Coast Journal
I’ll just highlight the article: A man who was detained by tribal police after stabbing a police officer was released by HCSO just outside the reservation, only to violently reoffend days later. Meanwhile, HCSO filed false imprisonment charges against the detaining officer—who had been stabbed. Yikes
People broke the law and are suffering the consequences…The number of plants approved for personal use is more than enough to treat arthritis…
But did it cause you personal “reefer madness”? If not, move along to something that actually is.
And you know this . . . . HOW? Your years of research involving auto-immune diseases and Cannabis sativa? Years of Fox News and other right-wing media inculcation? You drank the same kool-aid that gave us President Grinch who stole Christmas (only two dolls, not thirty, doh!) as well as American Democracy? Impressive.
As a matter of fact, I do have decades of research. Agent Orange gave me an auto-immune disease decades ago and by now I’m quite the expert with Sativa and Indica and other remedies. I’ve forgotten more than you will ever know on the subject. Sad to see you couldn’t keep your chronic TDS under control for a mature conversation.
My old friend J. Bell won his Agent Orage suit. But didn’t live long enough to make much use of the money.
You guys are the real deal.
Praying justice for every one of you.
Thank you, doctor.
What do allow for end-stage, non-hogkin’s lymphoma?
One attorney says it was a poor old grandmother with arthritis who was raided while children read her home…
The other one says it was illegal cartel operations being raided.
Two different stories from the SAME SIDE, what’s going on here?
It doesn’t say what you say it does — it says they raided the grandmas instead of the cartels:
‘Instead of collaborating with the Tribe to address illegal cartel operations, Kendall chose to act unilaterally, violating the rights of individuals and the Tribe,” Marston said.’
I’m not an attorney, but worked in native communities for a lot of my life. I respect Round Valleys desire for complete sovereignty but my understanding of the law is California is a PL 280 state. A majority of tribes in California would have to band together to vote their way out, you can’t just put pen to paper on a tribal ordnance and make it not apply.
Yes, but PL280 is a federal law. Are they only applying federal marijuana laws on tribal land because of it?
PL 280 is a federal compact stating if you accept state and local funds then you have to allow state and local agents onto your land to enforce state and local laws.
That’s a big hang up with people on that side of the aisle that feel that’s a bit of a trap, or a still on-going one a couple centuries later. That is “Hey, we’ll rebuild what of yours we burned to the ground, and let you make your own rules, but since it’s OUR money doing it, we get all the say in how it’s spent and enforcement of it.” That’s still an assimilation of sorts I’ve heard said over the winds of gossip.
Don’t get me wrong, I’m not advocating for it one way or another. I’m just saying it seems like you’d have to get California tribes to remove themselves from the PL 280 compact to change what happened. It’s not impossible, Oregon is not a PL 280 state, at least it wasn’t 7-8 years ago.
This is a highly interesting topic that needs to be addressed. Thank you for your insight. When I look into it, Public Law 280 appears to have essentially taken away the rights of sovereign nations to criminally prosecute.
(If they leave PL280 it essentially means losing state law enforcement support and because funding for tribal agencies is shit the hardship that goes along with that.)
However, the U.S. Supreme Court has declared that ‘regulatory’ rather than ‘prohibitory’ state criminal laws are outside the scope of jurisdiction conferred by PL 280. Additionally, we know that while California regulates marijuana, it does not consider it a criminal offense, though some violations can lead to criminal charges.
So, does PL 280 even apply if cannabis is considered a regulatory offense? What laws were they enforcing? Federal or State? because I don’t think you can claim state law because the state allows sovereign tribes to make their own marijuana laws
Your series of posts are quite a mix of fact and fiction, mostly the latter.
The Sheriff doesn’t prosecute anyone — that’s up to the DA — but neither has any authority to enforce federal law.
The Sheriff is not enforcing state or local weed regulations — nobody is being charged with permit violations — that’s up to code enforcement — except neither has authority to enforce civil weed regulations on Tribal lands.
But the Sheriff can enforce criminal weed violations on Tribal lands — maybe this case will change that but until then the Sheriff can legally bust weed on Tribal lands for state criminal violations.
You say “the state allows sovereign tribes to make their own marijuana laws” — do you have a source for that? — the state lacks authority to give or withhold such permission — but that doesn’t mean the state or the Sheriff have to follow Tribal law when it conflicts with state criminal law.
But here’s what really caught my eye: “Additionally, we know that while California regulates marijuana, it does not consider it a criminal offense.”
Really? — Prop 64 converted almost all weed crimes to misdemeanors but misdemeanors are still criminal violations subject to arrest and prosecution.
In short, your opinions are not facts.
What rubbish, they’re cartel grows on Tribal land.
Then that’s where they should have started, and maybe they could have saved a life and busted a cartel grow
Let people grow the weed already.
Oh you mean like really legalize weed?!! What a revolutionary idea…The corporations would never allow that!! That’s why instead we got corporate-friendly “legalization” instead of. And so many stupid or greedy people are still thinking it’s the same thing- It’s Not.
Oh i think we are going to learn about bad john again .
Wait until the tribe is getting 1 million dollars a year for water that isn’t theirs to deliver or control.
Brownshirts at it again.
If it’s a tribal matter, why is it filled in a US Court,not a tribal court? Tribes claim Sovereignty, right up to where they want help from non tribal sources. It’s BS. Do away with tribal Sovereignty as it’s not constitutional on any level. Otherwise, STFU.
Sheriff Kendall would like the public to forget another issue. He sent in a deputy to conduct a white collar crime investigation at the county’s administration center, something the deputy was not qualified or experienced in. The deputy worked very closely with the Sheriff and DA on this investigation. That investigation led to the arrest and ousting of a duly elected independent official in Mendocino County who provides financial oversight of the Sheriff’s Office. When the matter finally went before the judge, the judge found that the investigation willfully ignored exculpatory evidence in the favor of the accused, who really now should be called a victim. They specifically targeted this woman and attempted to destroy her. They now hide behind immunity. This was under Sheriff Kendall’s watch. Sheriff Kendall is not an ok guy.
He’s a terrible guy. No person should be subjected to a man like him. He is the face of the worst type of crime… Crooked Cops
A grandmother with a couple of pounds is designated as “most egregious”? Damn, we’re all about to get hauled off. I don’t think they have enough people to catch a Humboldt-sized version of Pokemon!
I was one of the house’s raided during this time my father my mother whom are both elders was setting outside enjoying lunch and my niece who was only 11 was inside with me and they shouted at us to come out with our hands up and separated my parents from one another n wouldn’t let my mom be close to my dad they had ar 15s pointed at us at least 6 at the door 3 on my parents ,our drive way was full with law enforcement with in the two steps I had to take outside the door at least 20 vehicles in view while we exited the home just my lil niece and I was inside they took us to our drive way while I had no shoes on n had to stand on the hot summer rocks that filled our drive way for at least 30 mins B4 they took me close to a small bush further out in our yard for some relief all while I’m trying to distract my niece of all the guns around her and the arguing that was happening between my dad n the men with guns surrounding him,my niece asked me twice if they was going shot her grandparents and take her away I held her and said no no they have the wrong house and one of the ppl asked me how big our yard was n I pointed, then he walked away as if he figured out they was wrong right then . During this they kicked in my dads bedroom door and went inside our home with out cos .we was informed a hr later into this fiasco that they had the wrong house and made a mistake, we don’t have green houses we don’t grow weed we don’t have any criminals in the house nobody on probation or anything and they got away with traumatizing my niece and breaking dwn my dad’s door now my niece is afraid Everytime she sees a cop or hears a helicopters it’s sad that they got away with this.
Welcome to Trump World. I am not in agreement with every plank in the Democratic Party platform (extreme gun control, no death penalty, etc.) but I will fight my battles in a unified USA. Too bad the County sheriffs got involved. Bad juju. This was a cartel operation? Imagine Jack Reacher getting all excited and bouncing around the rez, kicking Native Ass over pot plants. Talk about a buzzkill. Not a popular episode, I would guess.
During the summer of 2024 Trump wasn’t President. Biden was. Your comment seems ignorant of fact.
Lost Croat Outburst doesn’t like facts.
Gavin newsom world dude. You’re really out ya mind. It’s only been 100 days man it’s gonna be really rough for you. I hope you do OK.
😂😂😂😜😜😜😵💫😵💫😵💫😵💫
Umm you have the wrong president named there. But yeah the right idea , this sort of thing happens when the big guy ie biden in this case doesnt get his pay off on time , thank god the criminals will not be in office much longer all of the obama2.0 peeps are running scared !!!
Biden was president at the time this happened.
Pay attention ok please.
This part is confusing:
“in collaboration with other law enforcement agencies on the Round Valley Reservation. “
As far as I understand, in Hoopa, it is the Hoopa tribal police who keep order and have jurisdiction.
Who are these “other enforcement agencies” on the Round Valley Res?
Are they tribal police? Or some big brother federal agents?
If they were tribal police, it seems they would have known that the local sheriff did not have jurisdiction in the Res and would have prevented such horrible actions by the sheriff…
This gung ho, macho sh*t has really got to go.
Attacking innocent people in order to get their macho jolleys is no longer acceptable.
I hope the sheriff and all involved are penalized into bankruptcy and see their golden years behind bars.
That’s delusional.
Logic and reading comprehension can be challenging.
“The suit stem from raids conducted July 23 and 24, 2024, by Mendocino County Sheriff’s Office deputies in collaboration with other law enforcement agencies on the Round Valley Reservation.”
The raids were on the RV reservation — the collaboration was with the HCSO and CHP which are mentioned as defendants in the preceding paragraph.
CJ has accurately summarized the rest of your comment.
Check out the newest Trent James video. Mendocino County LEOs are struggling with the IQ factor. Kendall knows his retirement is protected. Carry on. Nothing to see. Smile n wave, do a lil trout fishing!!!
We really need Trent to come back & to be our sheriff. That would help soooo much.
Just makes me mad, sad, frustrated. Freedom is important way of being.