Sheila Terese, Wallen, Sui Juris
c/o General Delivery
Arivaca [zip code exempt]

In Propria Persona

Under Protest, Necessity, and
by Special Visitation Only



UNITED STATES OF AMERICA,       )    Case No. 95-484-WDB
     Plaintiff,                 )    AFFIDAVIT OF DEFENDANT
     v.                         )    DOCUMENTING CIRCUMSTANCES
Sheila Terese, Wallen,          )    SURROUNDING ARREST:
     Defendant.                 )    28 U.S.C. 1746(1)

COMES NOW  Sheila Terese,  Wallen, Sui  Juris, Citizen of Arizona

state and  Defendant in  the above  entitled matter  (hereinafter

"Defendant"), being duly sworn upon oath, to depose and to affirm

as follows:

     1.   My entire  20-acre property  is fenced and secured with

two gates;   "No  Trespassing" signs (3 on front gates alone) are

posted all  around my  property;   these can be clearly seen from

any angle  or position upon approaching my property (see attached

pictures, incorporated herein as EXHIBIT "A").

     2.   On or  about September  29, 1995, at approximately 8:30

a.m. in  the morning,  I was  in bed  in my  house at  the end of

Wedgeford Road  in the  town of  Arivaca, Arizona state.  At that

time, my front gate was closed and bolted shut.

     Affidavit of Defendant Documenting Arrest Circumstances:
                          Page 1 of 8

     3.   I was  startled awake  to hear people shouting, "Hello!

Hello!   Is there  anybody home?"  These same people were banging

their hands on the side of my house while they were shouting.

     4.   I opened  the window  to my  bedroom  and  asked  them,

"Who's there?"  They responded by saying, "We need to talk to you

for a  minute."  They then instructed me to come out of the house

by saying, "Come out here?"

     5.   At that point, I got out of bed, put on my bathrobe and

went out  the front  door to the screened porch, to see what they

wanted.  I could see that there were three (3) armed men in plain

clothes with  heavy builds.   The  guns were  strapped onto their

waists, and I could see their clearly exposed handles.

     6.   They flashed  what appeared to be badges and introduced

themselves as  agents  of  the  Drug  Enforcement  Administration

("DEA") by saying, "My name is Dave Lowe.  I'm with the DEA."  He

then introduced  me to Alan and Terry.  They told me that someone

had called  them to  tell them that I had marijuana growing on my


     7.   I then asked them, "Do you have a warrant?"

     8.   Dave Lowe  then said, "You can either tell us about it,

or we  can wait for a warrant."  Then Terry Evans added, "We will

stand here,  and you  will stand  there until  it  [the  warrant]

comes, along  with a  swarm of people and we will tear this place

apart."   I paused  for  a  long  time  before  saying  anything,

contemplating my  situation.    I  was  very  frightened  by  the

presence of  these unexpected,  armed visitors.   I could feel my

heart beating in my throat.

     9.   They violated my home and  my Person without a warrant,

in spite of my "No Trespass" signs.

     Affidavit of Defendant Documenting Arrest Circumstances:
                          Page 2 of 8

     10.  Dave Lowe then said, "If you will cooperate and show us

where it is, everything will be OK."

     11.  I asked  them, "Are you going to arrest me?"  Dave Lowe

answered, "If it's just a few plants, we'll just take 'em and go.

We probably  won't even  have to arrest you."  I said, "I need to

get some  clothes on."   I  was naked  under my  bath  robe,  and

without shoes  or socks,  at that  moment.   I  was  intimidated,

filled with  fear, both because of strange men with guns, as well

as federal agents, if they were, in fact, federal agents.

     12.  I asked  them if they could wait outside and they said,

"Why don't  you just  show us?"   They  seemed insistent about my

coming outside  immediately, at  that second,  without any delay.

It seemed  like they  wanted to  come into  the house.  They also

asked to come inside to wait.  I told then, "It will just take me

a second to get dressed."

     13.  Then they asked me, several times, if I had any guns on

the premises.   I responded by saying, "No, I don't allow guns on

my property."   At  that moment, my back was turned towards them,

so I  could not see what their response was.  But they were still

wearing their guns when I came back out of the house.

     14.  I went back into the house to get my shoes, where I put

on some shorts and a T-shirt, and I carried my shoes out onto the

porch, where  I put  them on.   I  felt very pressured by them to

hurry, otherwise  I felt  sure that  they might  invade my  house

while I was dressing.

     Affidavit of Defendant Documenting Arrest Circumstances:
                          Page 3 of 8

     15.  We walked  outside, where  Officer Dave Lowe read me my

rights by saying, "You have the right to remain silent.  Anything

you say  or do can and will be held against you."  He asked me if

I understood my rights.  I said, "I thought you said you wouldn't

arrest me."   He  said, "You are not under arrest."  I never told

him that  I understood  my  rights.    I  was  confused  by  this

statement, after  he just finished reading me my rights.  He then

asked me if there were any more plants on the property.  He said,

"You'd better  tell me  now, because  we are  going to search the

property anyway,  and it will be a lot easier for you if you just

tell me."

     16.  At this  point, I  felt the threat of jail hanging over

my head,  and that there was nothing I could do to stop them from


     17.  Then my brother David walked up, and the agents started

to interrogate  him, asking  him who he was and what was he doing


     18.  I assured  the agents  that he  was not involved in any


     19.  Terry and Alan stood there talking with David.

     20.  He then  asked me  if he  could use  my phone.  I said,

"You can use my phone if I am allowed to make a cup of coffee."

     21.  While he  was talking on the telephone, I stood nearby,

brewing a cup of coffee.

     22.  When  he   finished  his   telephone  conversation,  he

proceeded to  search other  parts of my house.  After he finished

searching the  rest of  my house, he went back outside and joined

his companions.   They  were out there a long time, about two (2)

hours.   During this  period of  time, I  waited with  my brother

David inside the screened porch.

     Affidavit of Defendant Documenting Arrest Circumstances:
                          Page 4 of 8

     23.  While we  were waiting  on the porch, two (2) Sheriff's

deputies arrived.   They  told us not to go anywhere;  they would

not even let us go to the bathroom.  When we did, they watched.

     24.  During this time, a helicopter arrived and landed on my

property.   The pilot  and Dave Lowe, the DEA agent, then entered

my porch.  Together, we went into my house, into the dining room,

and they said, "We need to get this right."

     25.  Dave Lowe  turned on  his tape  recorder and  asked  me

several questions.  Then he showed me a form entitled "CONSENT TO

SEARCH" and  handed it  to me, saying, "This is just a formality,

since you  told us everything anyway."  The form said that I have

not been threatened nor forced in any way.

     26.  When I read that phrase, I said, "I certainly have been

threatened.  You said that you were going to tear my house apart.

You stand  there with guns.  I am practically naked.  I have been

threatened!"   The helicopter  pilot said, "That wasn't a threat;

it was  a promise."   I couldn't sign the paper and still respect

myself, so  I initialed  the CONSENT  TO SEARCH form, out of fear

and intimidation,  because I  still didn't want to go to jail and

they acted  as if  they might  still just go away if I signed it.

Throughout the entire day, I was lead to believe that, if I would

cooperate, then I wouldn't be arrested.

     27.  Then they  told me  that I  was going to jail.  By that

time, two  (2) female  DEA agents had arrived, and one watched me

while I  took a shower and changed into other clothes.  They then

put handcuffs on me and put me in the front seat of their van.

     Affidavit of Defendant Documenting Arrest Circumstances:
                          Page 5 of 8

     28.  During our  trip to Tucson, I told them about my job in

Los Angeles,  where I  worked for  a publisher of magazines about

parrots.   One of  the female  agents mentioned  that she  owns a

parrot and we talked for quite some time about Amazon behavior  I

told them  that I  had been in L.A. for about ten (10) years, and

that I  had worked  in publishing  for most  of that time.  At no

time during  this trip to Tucson did I ever admit, in any way, to

having violated any law.

     29.  First they  took me to a jail on Valencia Avenue, where

they took my finger prints.  Then they moved me to Wilmot prison,

where I was subjected to a strip search.  Then they poked me with

a needle,  and the man who poked me with a needle told me that it

was a  Tuberculosis test.   He did draw some of my blood with the


     30.  Approximately two  and one-half  (2.5) months  after my

arrest, I  came to  discover a  police report in which one of the

female agents  stated that,  . "En  route to  Tucson, WALLEN told

TF/A Wright that she made anywhere from 70 to 80 thousand dollars

a year in California selling marijuana.  TF/A Wright asked WALLEN

how long  she had  been selling  marijuana.    WALLEN  said  'ten


     31.  This statement, as found in the Police Report dated 09-

29-95, is utterly false, because I never made any such statement,

either in the truck, while the agents were searching my property,

nor after I was taken from the truck to be finger-printed.

     33.  I was  released from  jail when  my brother  and father

posted a surety bond to guarantee my appearance in court.

     Affidavit of Defendant Documenting Arrest Circumstances:
                          Page 6 of 8

     34.  Therefore, I  firmly believe, based on all of the above

statements of fact, that the DEA agents involved in my arrest are

guilty of  trespass without  a valid  search or  arrest  warrant,

kidnapping, conspiracy to kidnap, assault for prodding and poking

my Person  in unspeakable places, all of which violate the Fourth

and Fifth Amendments to the Constitution for the United States of

America, as lawfully amended.

     Further Affiant Sayeth Naught.

     I hereby  certify, under  penalty of perjury, under the laws

of the  United States  of America,  without the  "United States",

that the  above statements  of mine  are true and correct, to the

best of my current information, knowledge, and belief, so help Me

God, pursuant to 28 U.S.C. 1746(1).

Dated:    ______________________

Respectfully submitted,

/s/ Sheila Wallen
Sheila Terese, Wallen, Sui Juris
Citizen of Arizona state

________________________________  Dated: ________________________

________________________________  (printed name)
First Witness to Signature

________________________________  Dated: ________________________

________________________________  (printed name)
Second Witness to Signature

     Affidavit of Defendant Documenting Arrest Circumstances:
                          Page 7 of 8

                        PROOF OF SERVICE

I, Sheila  Terese,  Wallen,  Sui  Juris,  hereby  certify,  under

penalty of  perjury, under  the laws  of  the  United  States  of

America, without the "United States," that I am at least 18 years

of age,  a Citizen  of one  of the  United States of America, and

that I personally served the following document(s):

                     AFFIDAVIT OF DEFENDANT
                       SURROUNDING ARREST:
                        28 U.S.C. 1746(1)

by placing one true and correct copy of said document(s) in first

class United  States Mail,  with  postage  prepaid  and  properly

addressed to the following:

Office of the United States Attorney
110 South Church Avenue, Suite 8310
Tucson [85701]

Attorney General
Department of Justice
10th and Constitution, N.W.

Solicitor General
Department of Justice
10th and Constitution, N.W.

Executed on: _____________________________

/s/ Sheila Wallen
Sheila Terese, Wallen, Sui Juris
Citizen of Arizona state

All Rights Reserved without Prejudice

     Affidavit of Defendant Documenting Arrest Circumstances:
                          Page 8 of 8

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U.S.A. v. Wallen