# BLM Plays Dick Tracy on Lower Dolores



## bevin (Apr 17, 2006)

Heads up, folks. Not only is the lower Dolores running until about May 22... 

Dolores Water Conservancy District

...but there's a disturbing new trend in river side law enforcement. See the below email that I just received from a friend who had a not-so-pleasant encounter with the BLM this weekend on the Bradfield Bridge section...

I just wanna give folks a heads-up on what the BLM is up to on the Lower Dolores River. There are a
couple of newbie law enforcement types who get hard-ons giving out citations for smoking and/or
possessing marijuana. Their tactics include lurking in the shadows of your camp & watching your
activities while around the campfire, etc. They are not adverse to searching without probable cause.

From what I can tell from talkin' to folks down there this past weekend, they wrote in the neighborhood
of 30-40 citations over the course of two evenings. It involves a fine of up to $250 and mandatory court
appearance in Durango.

What really kills me about this whole thing, is that the BLM wants $8/night to camp at both Bradfield &
Dove Creek Pumps. The campgrounds are completely trashed, especially DC Pumps. We spent over
an hour cleaning up broken glass, cig butts, garbage, etc before we could even think about setting up camp for the evening. So, apparently the BLM has enough money to hire a couple of dicks, but they
cannot afford to hire anyone to clean up the garbage dumps they call campsites.

Be careful down there folks......this crap needs to be stopped. If you have friends at the BLM, speak your
mind.

Bureau of Land Management
Bureau of Livestock & Mining
Bureau of Lurking Marijuana Cops (well, in that case, we'd have to change the acronym at a Federal Level)


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## gh (Oct 13, 2003)

30-40 citations? wow


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## JBL (Jun 7, 2006)

Bureau of Land Manglement


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## mountainfish (Aug 22, 2006)

The BLM or DEA?
We were camped at the bradfield campground fri night. The 4 of us were chillin with some beers and green stuff. I noticed 3 folks creepin up and thought they were friends from another camp. All of the sudden flashlights, interogation and intimidation. We were all sighted even with them only finding one pipe and a gram of green. They searched me and threatened to rip apart my car...I almost lost it. I know of at least 15 others that were sighted that night. The next day we put on with maybe 100 other people. No BLM then to check for Groovers, Firpans, ETC. The river is gettin trashed but at least no one is gettin high. THIS MUST STOP
See the you other Violaters in Court...to quote the BLM "Stick to the Booze, son"
Fish


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## deepsouthpaddler (Apr 14, 2004)

Such bullshit. Priorities all wrong. Reminds me of the post about the guys on the grand trip getting busted at the put in and they couldn't go on the trip. 

Not sure why this is such a big issue when there are so many way more important things to be working on. 

If the group has a firepan and a groove, is practicing leave no trace, and is not up in peoples face, let them have a good time in camp.

Raiding camps if rediculous. The reason I go on float trips is so I can get way far away from any of that kind of bullshit.


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## steven (Apr 2, 2004)

anyone contact the BLM about this? post a link or e-mail and we will chime in.


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## durangoskiier (Sep 23, 2004)

*blm email*



steven said:


> anyone contact the BLM about this? post a link or e-mail and we will chime in
> 
> [email protected] please email and let them know that what is going on is wrong!!!


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## mountainfish (Aug 22, 2006)

*BLM.....Complain*

Anyone know what is the BLM email that we should send complaints to?
Thanks FISH


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## durangoskiier (Sep 23, 2004)

mountainfish said:


> Anyone know what is the BLM email that we should send complaints to?
> Thanks FISH


'Ranger Rick' at the email above is who I was told to contact. My girlfriend and I were the first victims of the harrassment on Friday night and I sent an email earlier today.


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## brendodendo (Jul 18, 2004)

And to think I almost came down for some fun...

2 things to do.
A. E-mail ranger Dick to no end. Send him 5 emails in a day. Then more
B. If you were busted... plead not guilty and then ask for a jury trial. It will waste some of your time, but more importantly it will waste the judges time and the BLM officers time. The judge will get sick of the cases taking up so much of his/her time that they will hopefully toss out the rest of the cases.

What a bunch of creepy cops. 

Damn boaters causing harm to yourselves in the name of fun. Why don't you go poach a trophy elk or fish with out a license, slash that huge RV's tires and take a motorized vehicle into the wilderness.


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## mountainfish (Aug 22, 2006)

I just emailed the ranger and I will continue to do so everyday. I am considering trying to get everyone together and hiring a lawyer. I think there is a real case for Harrassment and Entrapment. I am also considering the advice of brendodendo and demanding a jury trial.


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## gapers (Feb 14, 2004)

These Ranger dickbags can......








I'm high,bitches!! I'm high!!


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## Matt J (May 27, 2005)

*thought this might help...*

a little example of what I sent, hoping it might inspire you...



> Ranger Rick,
> Please enforce the laws that are important to the proper managment of our public lands. Use of proper human waste disposal systems that prevent freshwater contamination as well as fire pans that help prevent the spread of wild fires are crucial overnight river trip equipment. Using tax dollars to check for these pieces of equipment and to clean and maintain the campgrounds is much more important than snooping around for possible use of marijuana.
> As an avid enthusiast of river recreation I would much rather know that my neighbor isn't spreading fecal matter or starting a fire, rather than whether or not he may or may not be smoking a joint.
> Please put the LM back into BLM and re-focus on what matters most in our public lands.
> Sincerely,


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## Matt J (May 27, 2005)

Here's the response I got back from Ranger Rick:




> Dear Matt,
> >
> > I suppose your letter is in response to BLM law
> > enforcement at the Dolores
> ...


Perhaps he wasn't the best person to contact regarding this incident considering he claims he wasn't present. 

Also, it was mentioned in the messages above that trips were not checked for low impact equipment can anyone verify this?

I guess everyone should be glad there's enough snow the river's even running, most years it seems like it all goes to the ranchers. Too bad you can't enjoy one of our natural resources without having to go to court.


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## COUNT (Jul 5, 2005)

Wow. Somebody's being a little defensive. But I do have one question. How are my tax dollars being spent again?


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## mountainfish (Aug 22, 2006)

I have not recieved a reply to my emails to ranger rick yet......but I wrote much of the same. I did not write to attack ranger rick I just thought he was the proper person at the BLM to complain too. And yes I know over 20 different people who were on the river that day and not a single person had their raft inspected or even saw a ranger on Sat or Sun.


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## twmartin (Apr 3, 2007)

*Make it Cost $$$$$$*

One thing to consider is setting every single ticket for trial. 

Many marijuana tickets (possession of less than 1 oz.) carry only a penalty of a fine and unless they dismiss te case you will pay a fine and receive a record of conviction anyway. By setting every single case for trial and for a suppression hearing you will tie up the Ranger Prick types for at least half a day for each case. That will either require overtime or take them out of the backcountry and prevent them from harassing other boaters/ hikers/climbers. Additionally, depending on the county the ticket was written in you may tie up a part time ourt and judge ad get the judge really pissed off at the BLM.

IF THE TICKET WAS WRITTEN INTO FEDERAL COURT DISREGARD THIS ADVICE AS I DON'T PRACTICE IN FEDERAL COURT.

You may gain nothing other than the satisfaction that you didn't roll over like a Beeotch and plead guilty.

STUDENTS should be very carefull of setting cases like this for trial or pleading to a marijuana offense because getting convicted of possession of Marijuana can screw up financial aid. A conviction or plea to possession of paraphernalia will not likely carry the same consequence regarding financial aid.


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## Matt J (May 27, 2005)

Oh yeah, I forgot to include my reply:



> Dear Ranger Rick,
> 
> Thanks for the quick response. It seems that you are
> accomplishing a lot down there in the four corners
> ...


I'm one too many dogs in this here fight, so I will bow out... but, there are some inconsistencies here. Boaters claim the camps were grungy and unmanned other than "dick tracy types" - Ranger Rick claims my taxpayer dollars are working overtime for just such things...

Good luck in court - give 'em hell!


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## Matt J (May 27, 2005)

BTW - Mountainfish you might not be getting a response because you're directly involved and any correspondence is permissable in court... I on the other hand am just a concerned taxpayer. Any of you lawdogs up for some pro bono work? twmartin? I'm sure these guys will have a space on a overnighter or something to kick down in the near future.


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## mountainfish (Aug 22, 2006)

Did I make a mistake writing to compalin to Ranger Rick b/c I am directly involved in the case? And yes any help or advice from boating lawyers would be greatly appreciated. I am pretty sure that all the tickets are for Federal court in Durango and not the County.


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## Matt J (May 27, 2005)

You're not necessarily "in trouble," but the e-mail is permissable. Meaning that if you admitted guilt then the prosecutor can present the e-mail as an exhibit which would look pretty convincing. Maybe a real lawyer will chime in here and help you guys out. It kind've makes me wish I was a lawyer, 30 - 40 clients in one fowl swoop!

I think your strategy should depend on your situation. If for example you're a school teacher, student on financial aid, or pilot then you probably want to assemble all the evidence you can to refute the charges and solicit a lesser offense. In Vail I had a possession knocked down to a "disturbing the peace" which I thought was pretty ironic.

If you'd rather make a point and you have nothing to lose then by all means ask for a jury trial. The penalty for a conviction may be more severe, but you will definately waste more time and energy than you'll pay out which sends a pretty clear message.

EITHER WAY, SEEK PROFESSIONAL HELP!


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## Canada (Oct 24, 2006)

*Be Careful*

Judges are temperamental people. If a judge were to see a bunch of these cases in a day, I would argue he may be more likely to throw the book at the offenders than the police. I've seen a judge hold a guy in contempt and send him to jail for the night for wearing a short sleeved shirt with a picture of a pot leaf on it in his court. 

A better strategy might be to organize a river clean up with all "offenders" and then partner with the rangers and the prosecutor to have all of the charges dismissed for the parties who participate. When you go to war with the man, the cards are stacked against you. As the ranger pointed out, you were breaking the law, whether he agrees with the law or not.

Lawyerly advice,

Ken


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## mountainfish (Aug 22, 2006)

Thanks for the advice...any ideas on how to propse a river clean up for offenders. Do we need to wait for court? Should I email Ranger Rick again with the idea?
Cheers


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## bevin (Apr 17, 2006)

Everyone - just got this from a friend in Southwest CO who was involved in the incidents last weekend on the Dolores. Apparently we should re-direct our rage to someone other than Ranger Rick. Ranger Rick is our friend! 
-------------------------------------------
Folks need to stop raging on Rick Ryan, Dolores River Ranger, in regards to the incidents on the Lower Dolores this past weekend. Rick had nothing to do with it, & has no power to change what happened.


If you wanna complain, contact Steve Beverlin at the Dolores Public Lands Office. He has the power to put the reins on Barney Fife. Also, Rick has nothing to do with the release of water on the Dolores. To whine about that, contact Vern Harrell at the Bureau of Reclamation in Cortez.

Rick Ryan is a totally cool fellow.....a friend to all boaters, & a huge asset to our community. He is getting totally reamed via email, & he does not deserve one bit of it. So, please stop harassing one of our few allies down here in the Four Corners.

We were not expecting a release this year at all. Thanks to a sudden heat wave, & no irrigation being used, we got a blessing from above. It caught everyone with their pants down, & Rick was slammed trying to get the facilities ready with only 2 days notice. He has no staff this year. So, it is Rick we all need to thank for having clean outhouses stocked with plenty of TP.


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## twmartin (Apr 3, 2007)

*Federal Court is Different!!!!!*

Friends:

I have heard directly from one of the people who rec'd a citation tha he was summoned into federal court in Durango.

BE VERY CAREFULL!!!!! Federal Court is different than your local County court for DUIs and so forth. The $100.00 fine only penalty is a state law, I do not know the penalties for federal violations, they are likely to be more severe.

Tom
Fort Collins


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## twmartin (Apr 3, 2007)

*Federal Penalties*

The NORML website link below has a chart setting out the penalties for simple possession in Federal Court. It appears that simple possession is an offense that COULD lead to jail time even for a first offense, but jail is not mandatory.

FEDERAL - NORML


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## Kendarflugen (Jan 31, 2006)

A couple of years ago a buddy of mine got popped on BLM land near Zion. Similar deal... sitting in camp and BLM rangers came out from the bushes and ticketed them for passing a oneie. It was a fedral offence that they pleaded guilty to and got a year probation and random piss tests for a year. It's crap all around, but one thing that really bothered me is that they didn't have to pay for the drug testing. It was paid for w/ tax payers $$$.


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## Mut (Dec 2, 2004)

I'm a lawyer, but not your lawyer. And here is some free legal advice: If you care about having a possessions conviction on your record you need to get yourself a criminal defense lawyer, not a water lawyer or boating lawyer. There is a man in Durango named Joel Fry. He used to be the drug prosecutor in the Durango DA's office. He is now is private practice. Do yourself a favor and look him up. If you can't find him pm me.

Remember, criminal defense attorney. (preferably one that has practiced in federal court).


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## matobs (Nov 26, 2003)

I defended a marijauna possession case in federal court and was able to get the kid a deferred sentence (which is very rare in CO Fed. Court as the prosecutors are not inclined to cut deals that don't lead to a conviction of some sort). It is not a petty offense like Colorado. It's a misdemeanor and the potential fine is more severe (I can't remember exactly but I seem to recall there was a potential of about $1000 fine), aside from the implications on student aid alluded to earlier.


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## Matt J (May 27, 2005)

*thanks...*

to all the lawyers, thanks!

I knew there were a few in the woodwork. I don't think Shakespeare was holding a ticket to appear in Federal Court when he said, "the first thing we do, let's kill all the lawyers!"

Once again good luck to all the "offenders."


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## boatingshrink (Apr 11, 2004)

Bobby Duthie is a boater, an excellent criminal defense attorney, and practices in durango. call him if you need him.


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## Jay H (May 20, 2005)

I'm sure this is a loaded question, or perhaps a moot point, but...I'm curious to know if there were any individuals ticketed that were not participating in the offense.

I realize this is probably a completely hypothetical question, but I'm just wondering because, I cannot imagine barney fife going to any effort whatsoever to determine if anyone might actually not have been participating (there are those who don't--not necessarily me but...), and just ticketing everyone there--and I would certainly hate to see a situation where someone around the campfire got caught up in the dragnet just because they were there. 

Obviously it would be difficult to make the case, because of course everyone would say "it wasn't me"--and this is a "he said, barney said" type of case, which as far as I know are pretty impossible to beat, and most likely they wouldn't stand a chance. But I wonder--if there were even one wrongly accused, and it could somehow be vouched for to the satisfaction of the court--maybe that would reflect badly on these clearly overzealous DEA agent wannabes in court?

Probably a stretch, but I'm just curious...and I really hope there isn't a similar trend this weekend in BV


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## brendodendo (Jul 18, 2004)

A friend of mine got popped in New Mex by the forest service. Federal summons. He called to see if he had to go to court. $25 fine and never had to appear.

Wish you all the best. Get a lawyer and post it. Maybe you can get a group rate.


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## mountainfish (Aug 22, 2006)

All of these penalties are much more severe then the rangers let on. The rangers told me the max fine was $250 and that was it. No record. This is starting to scare me now. Before I was just pissed. I guess I should look into a lawyer.


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## bevin (Apr 17, 2006)

My friend who also got a citation, and who sent me the original email that started this thread, called Bobby Duthie in Durango and told him to expect some more calls. Duthie was shocked at what the BLM did, and apparently was impressed by the fact that people were ticketed for smoking even when they had nothing in their possession (this might be a good part of your defense). Mr Duthie said he'd look into the matter, but he's apparently a great guy and a good resource for those in need of an experienced criminal defense lawyer in the Durango area. 




mountainfish said:


> All of these penalties are much more severe then the rangers let on. The rangers told me the max fine was $250 and that was it. No record. This is starting to scare me now. Before I was just pissed. I guess I should look into a lawyer.


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## deepsouthpaddler (Apr 14, 2004)

I'll second getting a lawyer. Even if its a mellow charge it will go on your record. Depending on what you do for a living this could haunt you in the future. A good defense lawyer might be able to get the charges dropped or lessened so that you don't have to deal with the black mark on your record. Its probably worth the cost/hassle for the lawyer.


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## TennesseeMatt (Jul 21, 2005)

If you want to get anything done I would suggest that you NOT send 5 emails a day. These people already get a lot of crap in their inboxes and will probably only delete your messages. I would suggest that you write/type a letter and mail it to them the old fashioned way. I believe this is the best way one can voice their concern to federal agencies.

Matt


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## Caspian (Oct 14, 2003)

I wonder how many people apologized for lambasting the BLM guy who wasn't even there. That might be worth thinking about if you want to have positive relations with the BLM when the next round of public input on new policies happens.

I'm also pretty curious to know what kind of BLM employee issued the citations, because none of the Westwater rangers give those out themselves - they call in the sworn guys from the county or NPS (who seem happy to oblige) to do that.


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## mountainfish (Aug 22, 2006)

I sent an email today apologizing for my personal lambasting. The BLM employees were BLM Rangers.


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## davidlong (May 23, 2007)

durangoskiier said:


> 'Ranger Rick' at the email above is who I was told to contact. My girlfriend and I were the first victims of the harrassment on Friday night and I sent an email earlier today.


 
Hi,
My name is David Long and I am doing a story for the Four Corners Free Press about these incidents on the weekend of May 11, etc. I was wondering if you or anyone you know would agrfee to a breeif interview about your experience, especially since you said you were the first victims. If so, my phone number is 970-565-7199 in Cortez, If you'd like to get an idea of what sort of paper the Free Press is, you can go to our web site whose address disappears when I try to write it, so just google four corners free press and chech out our archives. Thanks for your attention.

David Long


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## rivermanryan (Oct 30, 2003)

I hope the Four Corners Free Press has a good editor or at least a spell checker!


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