Sheila Terese, Wallen, Sui Juris
c/o General Delivery
Arivaca [zip code exempt]
ARIZONA STATE
In Propria Persona
Under Protest, Necessity, and
by Special Visitation Only
UNITED STATES DISTRICT COURT
JUDICIAL DISTRICT OF ARIZONA
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
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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
property.
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.
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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.
15. We walked outside, where Officer Dave Lowe read me my
rights by saying, "You have the right to remain silent. Anything
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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
searching.
17. Then my brother David walked up, and the agents started
to interrogate him, asking him who he was and what was he doing
there?
18. I assured the agents that he was not involved in any
way.
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.
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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.
28. During our trip to Tucson, I told them about my job in
Los Angeles, where I worked for a publisher of magazines about
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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
needle.
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
year.'"
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.
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,
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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
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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
DOCUMENTING CIRCUMSTANCES
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]
ARIZONA STATE
Attorney General
Department of Justice
10th and Constitution, N.W.
Washington
DISTRICT OF COLUMBIA
Solicitor General
Department of Justice
10th and Constitution, N.W.
Washington
DISTRICT OF COLUMBIA
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
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