VICTORY!

VICTORY!!

FINAL ROUND!

In November 2011 I went to a probation meeting with my medicine and smoking device (glass pipe) I was searched, harassed, handcuffed and faced against a wall for a couple hours. In total I spent 3 hours in custody. I was scared of retaliation and wrongful charges but the San Diego law enforcement has to recognize state law and the poatients who abide by it.

When I discussed their errors in judgement regarding the MMJ card and how they handled my situation I was asked to allow the officers to use my State MMJ card as a training aid for the probation department. I am pleased to oblidge. My MMJ card is the first of it's kind to reach the offices of the probation Department according to the Director of Ohio St., Lisa Southland.

3 years ago Probation tried to give me a prison term for MMJ on Probation....

Today, they are asking my help to learn about it.

three years ago this is what happened...

WRONGFUL MEDICAL MARIJUANA ARREST 6-20-09

Arrested by SDSO Dep. Danny Nunez for Cultivation and Posession.

June 20, 2009 I was raided, searched and arrested for medical marijuana.

I was taken to jail on June 20, 2009

the D.A. rejected the arrest charges of Possession/Cultivation

Probation Officer Jo Lane of El Cajon decided to get violation charges pressed since the DA found me not guilty of any of the arrest charges.

I was held in custody for 132 days on a "NO BAIL HOLD"!

During this time I was told to plead guilty to VOP charges by Michael Berberich a TERRIBLE and OFFENSIVE public defender in El Cajon court.

I did as I was told only to have Berberich tell me that Jo Lane is recommending 3 years in prison! I was shocked! I told Berberich to withdraw my plea, he refused to.

I went to the law library in Los Colinas and discovered the People v Tilekooh Case regarding Probation and Marijuana being legal with a recommendation.

UPDATED Oct. 29, 2009 I completed my 9 month term after the judge rejected a 3 yr prison recommmendation by El Cajon probation. I was released. Feel free to wonder why Mr. Berberich the public defender I was assigned (in El Cajon court) told me to plead guilty when all these laws show how I am not. State Bar Association has been made aware of his conduct.

UPDATED December 10, 2009 I was granted the right to have medical marijuana after a modification of my probation was accepted. I don't understand,did a judge have the right to prevent me from using my medicine in the first place, when did judges become allowed to over rule state laws?

UPDATED December 11, 2009 I was forced to apply for a county MM card. My probation officer refused to accept Dr. Sterner's Medical Marijuana recommendation and my (Kaiser doctor) Dr. Peter Hein's prescription for marinol as valid. When did probation officers become capable of refusing recommendations as valid when the county accepts and grants MMj cards from the same recommendation data?

I paid the $166.00, did the application, took the photo, and provided the same documentation I provided El Cajon's probation department. I was granted my card. I picked up my card Dec. 21, 2009 ( I received a call that it was available Dec 17, 2009) The protocol states it usually takes up to 35 days, mine took 10!

The card program is VOLUNTARY not manditory! I was forced to enroll by San Diego County Probation, is this just a new way to extort money from medical marijuana patients into the county's pocket?

UPDATE!- December 30, 2009 my first meeting with my probation officer since I have received my County Medical Card. I was informed that I will be getting my bongs and High Times magazines returned to me (confiscated in Dec 2009 since my release) and I have requested a modification of my probation to return the Medical Marijuana seized on June 20, 2009 the day of my arrest. The court clerk had to ask his supervisor if it is allowed to put that on a modification and according to the 1st floor El Cajon Court clerk supervisor, it is a new policy to allow returned Medical Marijuana items as longas petitioner has valid County Card!

Oct 2009-2 months ago, I was released after serving a 9 month sentence- and was facing 3 years in state prison and now I will get my items back?
I went to jail for my medical marijuana in June 2009...now the cops of San Diego Probation are returning my bongs they confiscated!! I go to court on Jan 7, 2010 to get a judge to rule they need to give me back my Medical Marijuana plants and dried product, my scale, several marijuana bud strain and grow books, etc. $12,000 is the value of my plants and dry product that the San Diego Sheriff said it was worth when they put out a press release in USA TODAY in order to damage my reputation. They didn't realize that would be the amount they have to pay me for reimbursement since the plants are destroyed and the dry product is outdated and no good now.
FREE the WEED! Pay up for your harassment and unlawful seizures. Look at the Garden Grove case for more case law on this subject.

UPDATED 1-19-10

I GOT MY BONGS BACK!!!

EAST COUNTY PROBATION RETURND PROPERTY AT THE MAIN STREET COURTHOUSE!

MIKE DEALY is my current Public Defender of East County San Diego.

JANUARY 22, 2010 COURT FILING a petition FOR RETURN OF MY MEDICAL MARIJUANA!

We are going back to court with an itemized list of items the sheriff did not create.

Is there anybody out there who thinks freedom's worth saving?

UPDATED JULY 15, 2010

I have written to Judge Deddah about the violation of the court order by the Sheriff dept. Alt pub defenders are doing a motion for Contempt for me against the SDSO. Court date will be posted as soon as I get it.

UPDATED MAY 10, 2010

I have my paperwork! It is a (signed Judge Deddeh) COURT ORDER awarding me my property back! I have called San Diego Sheriff Campo office and left a message on May 11, 2010 for Deputy DANNY NUNES. His job is to fax a "Release of Property" form to Sheriff's Evidence. When I called Sheriff Evidence they have no record of my items being logged in. INCLUDING my marijuana!! WHERE did it go? Someone is a DIRTY COP? THEY KEPT MY MEDICINE! That's why there was no itemized list of what they confiscated from my home on June 20, 2009, right? So the cops could steal? California Attorney General, The Marshalls and Internal Affairs will be interested in this!

UPDATED APRIL 5, 2010

Judge DEDDEH awards some of my property back! I won all my grow equipment and books/paperwork returned! GO to the San Diego chapter ASA website for the press coverage! Det STEVE REED of San Diego Sheriff Dept (man who started the PUINE FIRE in Julian 2002) refuses to return my court ordered property.

http://www.safeaccesssd.org/2010/04/tiffani-kjeldergaards-return-of.html

UPDATED MARCH 5, 2010

The Return of Property Motion had to be reset 4/5/10. Due to miscommunication of court time some people did not get to the court house timely. Great news is, we had attorney Mr. Speckman of NORML take a look at the respone by the district attorney regarding my property return, looks like I will get my property back! I am also consulting with attorneys about a civil action regarding SD City Council members failing to provide cards for patients and my arrest becase of this!

UPDATED 2-20-2010!

East County Campo Sheriffs did a probation search today on 2-20. They tore apart my house, brought in a drug dog and Deputy Danny Nunez told me in front of Sgt. Piscatellitold and my husband, if I didn't want to be harassed I better remove the postings on my website. I told him I would change it, I did! I have included that latest confrontation and threat.

THIS IS HARASSMENT not a probation check!

Deputies present: 7 sheriff officers, 2 probation officers, 1 border agent and his dog.

Officer Pisticelli, Officer Nunez, Officer Gomez, Officer Phillips and (3 other sheriff deputies I do not know their names).

#1 - Sgt Piscitelli: This officer is who did the press release of my arrest. Today he found no marijuana at my home and yet still requested my MMJ card and informed me that it is still illegal and that the bordr agent was present to enforce a federal case against me for posession or cultivation. He authorized the breaking of the locks on my renters locked room. Those people are not under any search or 4th waiver clause. It is in violation of their civil rights to break open their padlock on a store room.

Officer Phillips (who is very rude and childish with is remarks. This is the officer who's son shot a pellet/bb gun at my exotic birds a year ago. When I reported it to 911 this officer responded, he said it was his son and did not file a complaint as I requested. He protected and condoned his son's violent animal cruelty behavior and refused to do his duty by not filing my complaint)

2 probation officers

1 Border Patrol Agent + a dog

That is the entire Sheriff's office for Campo on duty yesterday. What if there were a REAL emergency?

OVERKILL or HARASSMENT?

I told them we are due in court March 5 to get my MMj returned and asked them for an itemized list of the seized items. They did not have one.

Pisticelli told me that county law over rides the State laws and a MMJ card IS mandatory and NOT voluntary! Yep, he really did... in front of everyone!

When I told NUNEZ about his brother's threatening behavior towards us he told me to remove his brother's name and his name from my website. Nothing posted here is slander, only facts!

A TRUE VIOLATION OF MY 8th AMENDMENT RIGHT...

"CRUEL AND UNUSUAL PUNISHMENT"!

Depriving me my medicine for pain is WRONG!

Opiates are NOT The ONLY answer!

"NOT TO GET HIGH...JUST TO GET BY!"

T. Kjeldergaard

Interview With Tiffani Kjeldergaard After her 132 day Jail Stay - By Eugene Davidovich

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