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MCALLISTER, DARNELL &

GOTTLIEB, P.C.
The Cannabis Law Center
Denver Office
36 Steele Street, Suite 200
Denver, CO 80206
(Ph) 303-226-6252
(Fax) 720-542-8391
Summit County Office
111 S. Main St., #C11 (FedEx/UPS Address)
PO Box 3903 (US Post Office Address)
Breckenridge, CO 80424
(Ph) 970-453-6594
(Fax) 970-453-6877

______________________________________________
INITIAL FAX TRANSMISSION WITH U.S. MAIL TO FOLLOW

July 21, 2010

Mr. Richard Myers


Colorado Springs Police Chief
705 S Nevada Avenue
Colorado Springs, CO 80903
(Fax) 719-444-7381

Ms. Patricia K. Kelly


Colorado Springs City Attorney
30 S. Nevada Ave., Suite 501
Colorado Springs, CO 80903
(Fax) 719-385-5535

Mr. John Suthers


Colorado Attorney General
1525 Sherman Street, 5th Floor
Denver, CO 80203
(Fax) 303-866-5691

Re: NOTICE OF LAWSUIT PURSUANT TO § 24-10-109, C.R.S.

Dear Addressees:

Please construe this letter as notice of lawsuit pursuant to C.R.S. § 24-10-109. I look
forward to receiving your response within 90 days as provided by C.R.S. § 24-10-109(6) as to
whether you accept or deny this claim in whole or in part.

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Name and Address of Claimants:

Mr. Robert Pooler


5068 Federal Blvd.
Denver, CO 80221

Doctor’s Orders
5068 Federal Blvd.
Denver, CO 80221

Name and Address of Claimants’ Attorney:

Sean T. McAllister, Esq.


McAllister, Darnell & Gottlieb, P.C.
The Cannabis Law Center, P.C.
Denver Office
36 Steele Street, Suite 200
Denver, CO 80206
(Ph) 303-575-5600
(Fax) 720-542-8391
Summit County Office
111 S. Main St., #C11 (FedEx/UPS Address)
PO Box 3903 (US Post Office Address)
Breckenridge, CO 80424
(Ph) 970-453-6594
(Cell) 970-393-3164
(Fax) 970-453-6877
(Em) sean@mcallisterlawoffice.com
www.mcallisterlawoffice.com
www.cannabislawcenter.com

Factual Basis of Claim:

During the week of June 28th, 2010 (likely June 30th, 2010), a member of the Colorado
Springs Police Department initiated a traffic stop of a vehicle driven by my client, Robert Pooler.
In fact, at the time of the stop, Mr. Pooler was not actually driving the car. Instead, he was
detained without reasonable suspicion/probable cause in the parking lot of a shopping center.
During this illegal detention, the Officer decided to illegally search the car to find proof of
insurance, which Mr. Pooler was initially unable to locate. During the illegal search of the car,
the Officer located approximately $14,000 in cash next to a bank bag. At no point was there any
suspicion that Mr. Pooler was intoxicated. Mr. Pooler clearly asserted repeatedly that all cash
found in the car was the proceeds from legal medical marijuana sales.

At the time of the stop, Mr. Pooler was a partner or employee of two medical marijuana
dispensaries legally operating in the state of Colorado. Both dispensaries operate under the name
of “Doctor’s Orders” and they have locations in both Denver and Colorado Springs. All money
seized was legal medical marijuana proceeds from these two dispensaries. My client possessed
this sum of cash because the company’s main bank, TCF Bank, had recently decided to not

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continue to service medical marijuana dispensary companies. As a result, my client and his
partners were forced to move their bank account to a new bank. My client was in Colorado
Springs to open a new bank account with “Colorado Springs State Bank.”

Doctor’s Orders is a large medical marijuana company that services approximately 9000
people with medical marijuana licenses per month. The company has been designated as a
caregiver by hundreds of patients in need. The company is in the process of complying with the
new state law (HB 1284) that clearly legitimizes all dispensary activities under the state
Constitution and statutes. The actions of police in this case amount to a reckless government
theft of legal medical marijuana proceeds.

As you may know, the Colorado Constitution provides that “Any property interest that is
possessed, owned, or used in connection with the medical use of marijuana or acts incidental to
such use, shall not be harmed, neglected, injured, or destroyed while in the possession of state or
local law enforcement officials where such property has been seized in connection with the
claimed medical use of marijuana.” Colorado Constitution, Art. XVIII, § 14(2)(e). See also,
Colorado Constitution, Art. II § 15, the “Takings Clause,” and Art. II § 25, the “Due Process”
clause.

Our understanding is that there is an ongoing investigation into this matter, led by Sgt.
Poole of the El Paso County Sheriff’s Office, focusing on alleged money laundering. See case #
10-21875. Clearly, transporting, possessing, or transferring money from legal medical marijuana
sales cannot be seen as money laundering under any interpretation of state law. It is particularly
disturbing that Sgt. Poole has discussed involving the federal Drug Enforcement Agency in this
investigation. This threat of federal involvement is a direct insult to the Colorado Constitution
and the Colorado system of distribution of medical marijuana enshrined by the Legislature this
year. In addition, the federal government has assured states with medical marijuana systems that
they will not get involved in cases where parties are complying with state medical marijuana
laws. Federal government involvement in this case is not needed or warranted.

The government’s actions have caused significant injury to Mr. Pooler and Doctor’s
Orders that demands redress.

Name and Address of Any Public Employee Involved, if Known

It is not clear which jurisdictions are involved in this investigation. It is believed


members of both the Colorado Springs Police Department and the El Paso County Sheriff’s
Office are involved. Claimants assert claims against all of these agencies and any others
currently unknown to the claimants who may be involved in this matter.

Nature and Extent of Injury Claimed to Have Been Suffered and Amount of Damages
Requested

Mr. Pooler and Doctor’s Orders have experienced significant injuries in this case. First,
claimants demand immediate return of the approximate $14,000 stolen by the government
without good cause. Next, the emotional distress of both parties is significant and ongoing,
estimated to be at least $1000/day. Moreover, my understanding is the police have frozen the
claimants bank account in Colorado Springs and that this action is causing thousands of dollars

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per day in lost sales due to the inability of the claimant to process credit card transactions at this
point. Finally, the claimants have incurred, and will continue to incur, significant legal fees until
this matter is resolved, estimated at approximately $25,000.

In sum, Mr. Pooler and Doctor’s Orders request $120,000 in monetary damages at this
time. This is a conservative amount designed to spare the government the resources and time
that would be spent on litigation. This figure does not include many other collateral costs of this
case, such as the impact to patients and employees of the dispensary. The Plaintiffs reserve the
right to request the full amount of their damages in the event this claim is denied in whole or in
part.

Thank you for your consideration of this claim. If you need any further information,
please do not hesitate to contact me at the address, phone, or electronic mail above. I look
forward to hearing from you within the statutory period for response.

Sincerely,

Sean T. McAllister, Esq.

cc: Robert Pooler and Doctor’s Orders

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