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I. Background

In early 2005 LAPD Sergeant Miguel Lopez began receiv- ing complaints of marijuana smoking near the UMCC offices on Wilshire Boulevard. Many of the complainants observed that the individuals smoking marijuana carried the drug in small brown paper bags.

On March 15, 2005, Lopez investigated and found a flyer referring to “UMCC” and advising Clinic patrons to leave the premises after purchasing marijuana. Lopez located the UMCC facility and entered the building’s lobby. Once inside he “immediately smelled the strong odor of marijuana” and observed a number of people leaving the Clinic’s offices with small brown paper bags.

UMCC staff admitted Lopez into its offices. While he was there, at least three individuals appear to have told Lopez that UMCC was a medical marijuana provider: Scott Feil, UMCC’s chief executive officer; Gabriella Jaramillo, a man- ager; and Michael Bryan, a security guard. Additionally, Jaramillo provided Lopez with copies of UMCC’s corporate papers and its City of Los Angeles Tax Registration Certifi- cate, as well as with written information about California’s medical marijuana laws. In a declaration filed later, Jaramillo agreed with…