{"id":42881,"date":"2025-07-25T13:50:27","date_gmt":"2025-07-25T20:50:27","guid":{"rendered":"https:\/\/occupysf.net\/?p=42881"},"modified":"2025-07-25T13:50:28","modified_gmt":"2025-07-25T20:50:28","slug":"yes-californias-local-police-and-prosecutors-can-go-after-federal-agents","status":"publish","type":"post","link":"https:\/\/occupysf.net\/index.php\/2025\/07\/25\/yes-californias-local-police-and-prosecutors-can-go-after-federal-agents\/","title":{"rendered":"Yes, California\u2019s Local Police and Prosecutors Can Go After Federal Agents"},"content":{"rendered":"\n<p>A 50-Year-Old Case in Humboldt County Made Clear that Feds Aren\u2019t Above State Law<\/p>\n\n\n\n<p>By\u00a0<strong><a href=\"https:\/\/www.zocalopublicsquare.org\/author\/joe-mathews\/\">Joe Mathews<\/a><\/strong>\u00a0July 22, 2025 (ZocaloPublicSquare.org)<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/i0.wp.com\/www.zocalopublicsquare.org\/wp-content\/uploads\/2025\/07\/AP25188669068024-scaled.jpg?fit=1200%2C800&amp;quality=89&amp;ssl=1\" alt=\"\"\/><figcaption class=\"wp-element-caption\">Today, California officials and local police claim they can do nothing to stop federal agents engaged in lawless raids. But a 1970s case against a federal agent shows that isn&#8217;t true, writes columnist Joe Mathews. Photo of federal agents in MacArthur Park taken on July 7, 2025.&nbsp;Credit:&nbsp;Associated Press<\/figcaption><\/figure>\n\n\n\n<p>Might the answer to Southern California\u2019s present emergency\u2014how to stop masked federal agents from seizing its people\u2014lie in a half-century-old story from the North State cannabis lands of Humboldt County?<\/p>\n\n\n\n<p>On April 4, 1972, a hippie couple\u201424-year-old Dirk Dickenson and his girlfriend Judy Arnold, who had relocated from the Bay Area\u2014were drinking Jack Daniel\u2019s in their remote cabin outside the tiny unincorporated town of Garberville when a U.S. Army helicopter landed on their property.<\/p>\n\n\n\n<p>Meanwhile, 19 people \u2014including federal drug agents, county sheriff\u2019s personnel, and the local dogcatcher\u2014advanced by car, and then foot, on the cabin. The sheriff had invited three reporters along to see what he touted as the \u201cbiggest bust\u201d in California history. \u201cLooks like an assault on an enemy prison camp in Vietnam,\u201d one reporter wrote in his notebook.<\/p>\n\n\n\n<p>Lloyd Clifton, an agent with the federal Bureau of Narcotics and Dangerous Drugs (now the DEA), led the way inside. He and other agents wore jeans and tie-dyed shirts instead of uniforms, and kept their hair long. Arnold testified that she and Dickenson thought they were being robbed when Clifton and company broke down the cabin door without knocking or announcing themselves as law enforcement.<\/p>\n\n\n\n<p>Dickenson, who was unarmed, ran out the back porch and down the hill. Clifton pulled his .38 revolver and gave chase. He later claimed he thought a colleague had been shot (that agent later testified he had tripped). Clifton ordered Dickenson to halt, and when he kept running (perhaps because he couldn\u2019t hear him over the helicopter noise), shot him in the back. Dickenson bled to death while being transported to a Eureka hospital.<\/p>\n\n\n\n<p>What happened next gives this killing lasting relevance.<\/p>\n\n\n\n<p>The agents couldn\u2019t find the PCP lab that an informant had claimed was on the property. Indeed, no large drug enterprise could have been run from a cabin without electricity or water, and the agents found only a small stash of recreational drugs for personal use.<\/p>\n\n\n\n<p>Nevertheless, the U.S. Department of Justice\u2014later revealed during Watergate to be a deeply corrupt branch of the Nixon administration\u2014defended the federal agent, quickly declaring Dickenson\u2019s execution a \u201cjustifiable homicide.\u201d<\/p>\n\n\n\n<blockquote class=\"wp-block-quote\">\n<h2 class=\"wp-block-heading\">I was struck while rereading records of the Clifton litigation as well as a 1973&nbsp;<em>Rolling Stone&nbsp;<\/em>story by Joe Eszterhas by how strongly Nixon-era federal abuses parallel today\u2019s Trump moment.<\/h2>\n<\/blockquote>\n\n\n\n<p>But Humboldt County district attorney William Ferroggiaro refused to go along with the DOJ. Ferroggiaro argued, correctly, that federal agents are subject to state and local laws. The prosecutor took the case to a grand jury, which charged Clifton with second-degree murder and voluntary manslaughter.<\/p>\n\n\n\n<p>Clifton\u2019s indictment became a national news story and sparked a debate about&nbsp;<a href=\"https:\/\/www.nytimes.com\/1973\/06\/25\/archives\/violent-drug-raids-against-the-innocent-found-widespread-viole-it.html\">the impunity of federal agents<\/a>. And the ensuing court fight established a clear, if difficult, legal path for investigating and holding accountable the lawless federal secret police now swarming our streets.<\/p>\n\n\n\n<p>The existence of any path at all may come as a surprise to today\u2019s Californians. That\u2019s because our local officials, especially police leaders, keep telling us that they are powerless to challenge unlawful actions or abuses by ICE and other federal agents.<\/p>\n\n\n\n<p>California may be a&nbsp;<a href=\"https:\/\/www.aclusocal.org\/en\/know-your-rights\/california-values-act-sb-54\">legal \u201csanctuary\u201d<\/a>&nbsp;for undocumented immigrants, but police leaders maintain that means only that they do not cooperate with federal enforcement actions. Actually protecting immigrants\u2014and even U.S. citizens\u2014from ICE and Border Patrol would&nbsp;<a href=\"https:\/\/laist.com\/news\/lapd-federal-immigration-agents\">amount to interference with the feds<\/a>. Pressed on this subject recently, Los Angeles Police Chief Jim McDonnell advised his officers that, when called to a scene of federal actions, all they can do is verify the identities of federal agents.<\/p>\n\n\n\n<p>In this, McDonnell and police leaders are not just wrong\u2014they are transgressing their oaths to enforce state and local laws, and to investigate violations of those laws. Revisiting Clifton\u2019s killing of Dickenson makes this plain.<\/p>\n\n\n\n<p>In 1973, Clifton first sought to convince state courts to drop the prosecution, but he failed. With the trial about to start, Clifton appealed to the federal courts, arguing that as a federal agent, he was beyond the reach of state law.<\/p>\n\n\n\n<p>The federal courts did not accept Clifton\u2019s argument. But in 1977, Clifton succeeded in convincing the U.S. Ninth Circuit to let him free, on the theory that he \u201creasonably and honestly\u201d believed Dickenson was a dangerous drug dealer, even though Dickenson wasn\u2019t. In his&nbsp;<a href=\"https:\/\/law.resource.org\/pub\/us\/case\/reporter\/F2\/549\/549.F2d.722.75-1585.html\">Clifton v. Cox<\/a>&nbsp;ruling, U.S. Judge Stanley Conti wrote that federal law enforcement officials could be prosecuted for state and local crimes when \u201cthe official employs means which he cannot honestly consider reasonable in discharging his duties or otherwise acts out of malice or with some criminal intent.\u201d<\/p>\n\n\n\n<p>Establishing malice and criminal intent is a high bar, but lawyers and others eager to pursue ICE personnel in California are now revisiting the Clifton standard. So are members of the public. In a June&nbsp;<a href=\"https:\/\/ic.institute\/2025\/06\/29\/press-release-poll-72-of-californians-want-police-to-arrest-certain-ice-agents\/\">YouGov poll<\/a>, commissioned by the Independent California Institute, 72% of Californians said that police should arrest federal immigration officials who \u201cact maliciously or knowingly exceed their authority under federal law.\u201d<\/p>\n\n\n\n<p>Recent federal abuses, captured on&nbsp;<a href=\"https:\/\/www.nbclosangeles.com\/news\/local\/santa-ana-border-patrol-landscaper-arrest\/3731659\/\">video<\/a>, would seem to meet the Clifton test for prosecution. A federal agent\u2019s repeated punching of a Santa Ana landscaper, slamming the man\u2019s head against the pavement. A&nbsp;<a href=\"https:\/\/www.youtube.com\/watch?v=eYSBotW-pZI\">retaliatory attack by federal agents, using explosives<\/a>, on the Huntington Park home of U.S. citizen protesters.<\/p>\n\n\n\n<p>At the very least, the Clifton case, by making clear that federal agents are not above state and local laws, should open the door for local police in California to document and investigate every single one of these lawless ICE raids. Given the scale of the federal assault on immigrant communities, I\u2019d suggest that police departments create a joint task force, perhaps in collaboration with&nbsp;<a href=\"https:\/\/www.zocalopublicsquare.org\/kamala-harris-your-state-needs-you\/\">a new state authority<\/a>&nbsp;countering the federal threat.<\/p>\n\n\n\n<p>Some may object that the contexts of 2025 Los Angeles and 1970s Humboldt are too different. But I was struck while rereading records of the Clifton litigation as well as a 1973&nbsp;<a href=\"https:\/\/www.govinfo.gov\/content\/pkg\/GPO-CRECB-1973-pt15\/pdf\/GPO-CRECB-1973-pt15-1-1.pdf\"><em>Rolling Stone&nbsp;<\/em>story by Joe Eszterhas<\/a>&nbsp;by how strongly Nixon-era federal abuses parallel today\u2019s Trump moment.<\/p>\n\n\n\n<p>Indeed, the Clifton raid was part of a flurry of federal drug raids. Federal agents frequently violated suspects\u2019 rights, and seized people on little evidence. That is how they ended up targeting Dickenson, who made wood tables for a living, as a drug dealer. It\u2019s the same brand of recklessness and incompetence that ICE and Border Patrol demonstrate today in rounding up U.S. citizens and law-abiding residents while doing \u201cimmigration enforcement.\u201d<\/p>\n\n\n\n<p>In the 1972 case and in this summer\u2019s raids, federal agents do not identify themselves, receive military assistance (like that helicopter), and dress in ways that make people think they might be criminals. Then as now, the federal government also loudly touts its attacks against supposed \u201cinvaders\u201d\u2014back then, urban hippie migrants who had relocated to the North State and clashed with more conservative locals.<\/p>\n\n\n\n<p>And the Nixon administration, just like the Trump administration, justified lawlessness by claiming that federal agents were the real victims in these cases. \u201cAll of our institutions in this country are under fire today,\u201d a federal attorney representing Clifton wrote at the time, \u201cand\u2026. the police perhaps more than any other are called in question by radical elements in our society, who for reasons of their own desire to bring our country down.\u201d<\/p>\n\n\n\n<p>California\u2019s 1970s-era drug war and the U.S. government\u2019s present-day immigration sweeps both have violated civil rights, hurt communities, and corrupted law enforcement.<\/p>\n\n\n\n<p>After the federal judges canceled his indictment, Clifton continued his career. His 2013 obituary briefly mentioned his DEA service, instead dwelling on his devotion to his family and to Hayward, the same East Bay city from which Dickenson and Arnold had moved to that cabin outside Garberville.<\/p>\n\n\n\n<p>Dickenson was buried in Lincoln, in suburban Sacramento, near where he grew up. Tragically, he and his loved ones never received justice. But his precedent-setting case remains very much alive.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<p><strong>Joe Mathews<\/strong>&nbsp;writes the Connecting California column for&nbsp;<a href=\"http:\/\/zocalopublicsquare.org\/\">Z\u00f3calo Public Square<\/a>&nbsp;and is founder-columnist of&nbsp;<a href=\"http:\/\/democracylocal.com\/\">Democracy Local<\/a>, a planetary publication.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<p>Primary editor:&nbsp;<strong>Eryn Brown<\/strong>&nbsp;| Secondary editor:&nbsp;<strong>Sarah Rothbard<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A 50-Year-Old Case in Humboldt County Made Clear that Feds Aren\u2019t Above State Law By\u00a0Joe Mathews\u00a0July 22, 2025 (ZocaloPublicSquare.org) Might the answer to Southern California\u2019s present emergency\u2014how to stop masked federal agents from seizing its people\u2014lie in a half-century-old story from the North State cannabis lands of Humboldt County? On&#8230; <a class=\"continue-reading-link\" href=\"https:\/\/occupysf.net\/index.php\/2025\/07\/25\/yes-californias-local-police-and-prosecutors-can-go-after-federal-agents\/\"> Continue reading <span class=\"meta-nav\">&rarr; <\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts\/42881"}],"collection":[{"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/comments?post=42881"}],"version-history":[{"count":1,"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts\/42881\/revisions"}],"predecessor-version":[{"id":42882,"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/posts\/42881\/revisions\/42882"}],"wp:attachment":[{"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/media?parent=42881"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/categories?post=42881"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/occupysf.net\/index.php\/wp-json\/wp\/v2\/tags?post=42881"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}