JOHN M. SANGER, ESQ. (SBN 49758) CHARLES R. OLSON, ESQ. (SBN 130984)CHRISTINA WOLF, ESQ. (SBN 240753) SANGER & OLSON, A Law Corporation One Embarcadero Center, Suite 1200 San Francisco, CA94111-3617 Telephone: 415-693-9300 Facsimile: 415-693-9322
CHARLES F. ROBINSON, ESQ. (SBN 113197) KELLY L. DRUMM, ESQ. (SBN 172767) UNIVERSITY OF CALIFORNIA 1111 Franklin Street, 8th Floor Oakland, CA 94607-5200 Telephone: 510-987-9800 Facsimile: 510-987-9757
Attorneys for Respondent, THE REGENTS OF THE UNIVERSITY OF CALIFORNIA; UNIVERSITY OF CALIFORNIA, BERKELEY, EDWARD I. DENTON
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ALAMEDA
PANORAMIC HILL ASSOCIATION, a non-profit corporation,
Petitioner, V. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, an agency of the State of California,
Respondent.
Case Nos. RG 06301644,RG 06302934, RG 06302967
UNLIMITED CIVIL CASE
DECLARATION OF VICTORIA L. HARRISON IN OPPOSITION TO PETITIONERS' EX PARTE APPLICATION FOR ORDER ENFORCING PRELIMINARY INJUNCTION
Date: August 30, 2007 Time: 1:30 pin Dept: 512
Judge: Hon. Barbara Miller
CITY OF BERKELEY, a municipal ) corporation, ) Petitioner/Plaintiff, ) ) v. ) UNIVERSITY OF CALIFORNIA, 3 BERKELEY; REGENTS OF THE )
UNIVERSITY OF CALIFORNIA; and DOES) 2 THROUGH 50, inclusive )
Respondents/Defendants. )
CALIFORNIA OAK FOUNDATION, SAVE THE OAKS AT THE STADIUM, MCGEESPAULDING-HARDY HISTORIC INTEREST GROUP, DONA SPRING, DOUG A. BUCKWALD, SARAH SHUMER, HENRY NORR, LINDSAY VUREK, PATRICIAEDWARDS, ANNA MARIE TAYLOR, STAN SPRAGUE, and CARRIE SPRAGUE,
Petitioners/Plaintiffs,
v. )
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, an agency of the State of California, and DOES II-XX,
Respondents/Defendants, ) and )
DOES XXI-XXX 3
) Real Parties in Interest. )
I, Victoria L. Harrison, declare:
I. My name is Victoria L. Harrison and I am the Associate Vice Chancellor of
Public Safety/Chief of Police at the University of California, Berkeley.
2. I have been Chief of Police at the University of California, Berkeley for approximately 17 years.
3. 1 have personal knowledge of all of the matters stated herein, and, if called as a witness in this action, I could and would competently testify to those matters.
4. Protestors, including tree sitters, upon University property west of the California Memorial Stadium ("CMS"), at the site of the proposed Student Athlete High Performance Center, are in violation of state trespass laws, and in violation of University policies regulating time, place and manner of public expression.
5. The beginning of the fall semester on August 27, and the first home football game on September 1 bringing an estimated 70,000 spectators to the vicinity of the protest, potentially creates a very volatile situation west of CMS. At my behest the campus has taken steps to ensure physical separation between protestors and game day crowds. The following facts inform my decision:
a) My staff have individually recorded over 155 violations of which 98 resulted in arrests of or citations to protestors at the site. A summary list is attached as Exhibit A
b) Numerous reported incidents of individuals in drive-by vehicles heckling and throwing items at the protestors.
c) Numerous reported incidents of protestors heckling, spitting, and pouring urine and excrement on officers and others standing underneath the trees.
d) Individuals in the trees currently have buckets of feces, urine, and rotted food.
e) Hostility expressed on YouTube, blogs, and internet bulletin boards between protestors and football fans.
6. Safe management of the site requires fencing to create a physical barrier between protestors and visitors to the area because a merely visual barrier, such as yellow caution tape, would require staffing beyond the capacity of the University police in order to be effective. On home football game days we have standard deployment of 150 security personnel, including private event security and 40 to 60 police officers. Because of the tree sitters ongoing protest I have requested and received additional support from police at other campuses. The further staffing support that would be required by visual-only barriers, with the training and missionsensitivity necessary at this site and for a campus event, is unavailable.
7. The protestors have participated in activities and behaviors that were in direct violation of the Berkeley Campus Regulations Implementing University Policies Applying to Campus Activities, Organizations, and Students issued by the President of the University effective August 15, 1994 (300 sections) ("Campus Regulations") and disrupted the peace and operations of the campus. After being informed of the Campus Regulations as well as applicable state laws the protestors blatantly violated, time, place and manner rules regarding when and where free speech can occur. Protestors vandalized trees, disrupted classes, conducted unauthorized events, and violated campus rules on tabling, camping, and postering. In addition, the protestors became increasingly uncooperative with police and refused to follow lawful directions which resulted in protesters physically resisting officers. Also various protestors were involved in thefts and unauthorized removal of property from the International House and Memorial Stadium.
8. A true and correct copy of the Campus Regulations are attached hereto as Exhibit B.
9. The Campus Regulations are specifically intended to protect free inquiry and free expression. Such activities must not, however, interfere with the right of the University to conduct its affairs in an orderly manner and to maintain its property. My staff have advised the protestors upon University property west of CMS that they are in violation of state trespass laws and University rules and regulations.
10. Because the site cannot be permanently secured until the termination of the pending injunction, it is prudent to continue to cite and admonish protestors, but not undertake their physical removal. Their physical removal would place protestors and campus employees at risk and may not be sufficient to discourage reoccupation of trees.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: August 30, 2007
Victoria L. Harrison
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2006-2007 'Save the Oaks' Protest Police Reports |
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Violation Date |
Case Number |
Violation(s) |
|
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12-02-06 |
06-05538 |
PC 602k (suspect #1) |
|
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12-02-06 |
06-05538 |
PC 602k (suspect #2) |
|
|
12-09-06 |
06-05639 |
PC 245 |
|
|
01-02-07 |
06-05538 |
PC 602k, PC 148 |
|
|
01-02-07 |
07-00014 |
PC 626.6 |
|
|
01-03-07 |
07-00024 |
PC 12553(a)(l) |
|
|
01-03-07 |
07-00023 |
PC 664/484 |
|
|
01-05-07 |
06-05538 |
PC 602k |
|
|
01-06-07 |
06-05538 |
PC 602k |
|
|
01-06-07 |
07-00058 |
PC 245 |
|
|
01-07-07 |
07-00070 |
BMC 13.52.020 |
|
|
01-10-07 |
07-00107 |
PC 602k |
|
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01-12-07 |
07-00131 |
Civil Advice |
|
|
01-13-07 |
07-00140 |
BMC 13.52.020 |
|
|
01-16-07 |
07-00183 |
BMC 13.52.020 |
|
|
01-17-07 |
07-00206 |
PC 602k |
|
|
01-20-07 |
07-00255 |
UCB Rules Violation |
|
|
01-23-07 |
07-00294 |
PC 602k |
|
|
01-23-07 |
07-00297 |
BMC 13.52.020 |
|
|
01-23-07 |
07-00298 |
BMC 13.52.020 |
|
|
01-23-07 |
07-00293 |
Warrant Arrest |
|
|
01-24-07 |
07-00315 |
PC 626.6 |
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01-25-07 |
07-00349 |
PC 602k |
|
|
01-30-07 |
07-00422 |
UCB Rules Violation |
|
|
02-03-07 |
07-00499 |
BMC 13.52.020 |
|
|
02-05-07 |
07-00522 |
UCB Rules Violation |
|
|
02-15-07 |
07-00683 |
UCB Rules Violation |
|
|
02-16-07 |
07-00694 |
PC 647(J) |
|
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02-17-07 |
07-01430 |
PC 647(j), BMC 13.52.020 |
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02-20-07 |
07-00747 |
PC 647(J), BMC 13.52.020 |
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02-21-07 |
07-00773 |
PC 647(J), BMC 13.52.020, PC 148 |
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02-22-07 |
07-00792 |
PC 69 |
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02-23-07 |
07-00805 |
BMC 14.52.020 |
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02-23-07 |
07-00809 |
PC 626.6 |
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|
02-23-07 |
07-00806 |
PC 647(J) |
|
|
02-24-07 |
07-01353 |
Evidence Seizure |
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02-24-07 |
07-00827 |
Casualty |
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|
02-26-07 |
07-00844 |
Evidence Seizure |
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02-28-07 |
07-00880 |
PC 602 |
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03-01-07 |
06-05538 |
Evidence Seizure |
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03-02-07 |
07-00922 |
PC 647(J) |
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03-02-07 |
07-00911 |
PC 647(J) |
|
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03-05-07 |
07-00856 |
Evidence Seizure |
|
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03-06-07 |
07-00984 |
PC 602k |
|
|
03-06-07 |
07-01234 |
BMC 13.52.020 |
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03-14-07 |
07-01117 |
PC 647(J), BMC 13.52.020 |
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03-14-07 |
07-01127 |
PC 647(J), BMC13.52,020 |
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03-14-07 |
07-01155 |
PC 626.6 |
|
|
03-14-07 |
07-01124 |
Dog Bite |
|
|
03-17-07 |
107-01177 |
UCB Rules Violation |
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|
|
|
03-17-07 |
07-01173 |
PC 148 |
|
|
03-21-07 |
07-01257 |
PC 166(A)(4) |
|
|
03-22-07 |
07-01269 |
PC 647(J), BMC13.52.020 |
|
|
03-22-07 |
07-01444 |
BMC 13.52.020 |
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|
03-22-07 |
07-01270 |
UCB Rules Violation |
|
|
03-28-07 |
07-00970 |
Evidence Seizure |
|
|
04-01-07 |
07-01552 |
BMC 13.52.020, PC 647(j) |
|
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04-03-07 |
07-01429 |
PC 626.6 |
|
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04-03-07 |
07-01422 |
PC 647(J) |
|
|
04-05-07 |
07-01456 |
UCB Rules Violation |
|
|
04-06-07 |
07-01471 |
PC 148, BMC 13,52.020 |
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04-12-07 |
07-01573 |
UCB Rules Violation |
|
|
04-17-07 |
07-01638 |
BMC 13.52.020 |
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04-17-07 |
07-01638 |
Suspicious Person |
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04-18-07 |
07-01556 |
PC 647(J), BMC13.52.020, PC 148 |
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04-18-07 |
07-01556 |
PC 148, PC 647(j),BMC |
|
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04-19-07 |
07-01674 |
Rules Violation |
|
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04-22-07 |
07-01715 |
Found Bicycle |
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04-24-07 |
07-01738 |
UCB Rules Violation |
|
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04-25-07 |
07-01764 |
UCB Rules Violation |
|
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04-25-07 |
07-01766 |
PC 602(k) |
|
|
04-25-07 |
07-01865 |
UCB Rules Violation |
|
|
04-25-07 |
07-01757 |
PC 148(a)(1) |
|
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04-27-07 |
07-01674 |
Evidence Seizure |
|
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04-27-07 |
07-01766 |
Evidence Seizure |
|
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04-27-07 |
07-01814 |
PC 148(a)(1), BMC |
|
|
05-01-07 |
07-01809 |
PC 602(k), PC 148, HS |
|
|
05-01-07 |
07-01875 |
UCB Rules Violation |
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05-02-07 |
07-01895 |
PC 647(f) |
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05-02-07 |
07-01909 |
PC 415 |
|
|
05-03-07 |
06-05538 |
Evidence Seizure |
|
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05-03-07 |
07-01917 |
PC 602(j), BMC 13.52.020 |
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05-04-07 |
06-05538 |
Evidence Seizure |
|
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05-04-07 |
07-01935 |
PC 1203.2 |
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05-04-07 |
07-01883 |
PC 1203.2 |
|
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05-06-07 |
07-01965 |
PC 626.6, PC 148, BMC 13.52.020 |
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|
05-06-07 |
07-01955 |
PC 626.6 |
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05-07-07 |
07-01975 |
PC 415 |
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05-08-07 |
07-01983 |
PC 626.6 |
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05-08-07 |
07-01920 |
PC 1203.2 |
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05-08-07 |
07-01985 |
PC 415 |
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05-09-07 |
06-05538 |
Evidence seizure |
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05-10-07 |
07-02019 |
BMC 13.52.020 |
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05-10-07 |
07-02019 |
Suspicious Person |
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05-11-07 |
07-02039 - |
Suspicious Circumstance |
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05-14-07 |
07-02077 |
PC 415 |
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05-20-07 |
07-02168 |
Animal Case/Seizure |
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05-22-07 |
67-02198 |
PC 647(j), PC 836.6, PC 243 |
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05-23-07 |
07-02232 |
PC 166(a)(4) |
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05-24-07 |
07-02244 |
UCB Rules Violation |
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05-24-07 |
07-02251 |
PC 1203.2 |
|
|
05-25-07 |
07-02256 |
PC 211, PC 240, PC 241, PC 148, BMC
13.52.020 |
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05-28-07 |
07-02293 |
UCB Rules Violation |
|
|
05-28-07 |
07-02293 |
UCB Rules Violation |
|
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05-30-07 |
07-02327 |
PC 647(j) |
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|
|
|
06-01-07 |
07-02370 |
PC 415 C |
|
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06-01-07 |
07-02376 |
UCB Rules Violation |
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06-02-07 |
07-02389 |
Warrant Arrest |
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06-02-07 |
07-02393 |
PC 626.6 |
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06-02-07 |
07-02393 |
PC 626.6 |
|
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06-03-07 |
07-02403 |
PC 626.6 |
|
|
06-03-07 |
07-02406 |
Casualty via dog bite |
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|
06-03-07 |
07-02405 |
PC 148 |
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|
06-05-07 |
07-02436 |
UCB Rules Violation |
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|
06-08-07 |
06-05538 |
UCB Rules Violation |
|
|
06-08-07 |
07-02455 |
Suspicious Circumstance |
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-06-12-07 |
06-05538 |
UCB Rules Violation |
|
|
06-12-07 |
07-02484 |
Located Missing Person |
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06-12-07 |
07-02508 |
Located Missing Person |
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06-13-07 |
07-02509 |
PC 602(k) |
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06-13-07 |
07-02538 |
Person Located |
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06-14-07 |
07-02536 |
UCB Rules Violation |
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06-14-07 |
07-02534 |
PC 653(k) |
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|
06-15-07 |
07-02558 |
Warrant Arrest |
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06-18-07 |
07-02591 |
PC 594 |
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06-19-07 |
07-02595 |
UCB Rules Violation |
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06-23-07 |
07-02643 |
UCB Rules Violation |
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06-25-07 |
07-02657 |
PC 647(j), BMC 13.52.020 |
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06-28-07 |
07-02702 |
BMC 13.52.020 |
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06-28-07 |
07-02700 |
PC 1203.2 |
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06-28-07 |
07-02757 |
PC l66(a)(4) |
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06-28-07 |
07-02705 |
PC 415.5 |
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07-02-07 |
07-02821 |
PC 626.6 issued |
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07-03-07 |
07-02769 |
Person Located |
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07-03-07 |
07-02768 |
WI 5150 |
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07-03-07 |
07-02769 |
Missing Person Located |
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07-03-07 |
07-02767 |
PC 602(a) |
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07-06-07 |
07-02822 |
MV 614 |
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07-12-07 |
07-02899 |
BMC 13.52.020 |
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07-12-07 |
07-02890 |
PC 626.6 |
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07-15-07 |
07-02939 |
UCB Rules Violation |
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07-18-07 |
07-02989 |
BMC 13.52.020 |
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07-23-07 |
07-03072 |
HS 11377 |
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08-01-07 |
07-03247 |
BMC 13.52.020 |
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08-01-07 |
07-03233 |
UCB Rules Violation |
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08-02-07 |
07-03108 |
BMC 13.52.020 |
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08-07-07 |
07-03328 |
UCB Rules Violation |
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08-08-07 |
07-03339 |
BMC 13.52.020 |
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08-09-07 |
07-03344 |
PC 1203.2 |
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08-09-07 |
07-03352 |
UCB Rules Violation |
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08-09-07 |
07-03352 |
BMC 13.52.020 |
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08-10-07 |
07-03371 |
BMC 13.52.020, PC 6470) |
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08-15-07 |
07-02890 |
Warrant Arrest |
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08-15-07 |
07-03433 |
UCB Rules Violation |
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08-24-07 |
07-03599 |
PC 1203.2 |
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