Full Notification

Public Information Release
August 25, 2015
Lieutenant Steve Brooks, Public Information Officer


On August 22, 2015 at approximately 11:59 am, a patrol deputy contacted 41 year old Brian Gene Smith of Lower Lake behind a business, located in the 16000 block of Main Street in Lower Lake. The reason for the contact was Smith had reportedly left an inappropriate letter for a fourteen year old female. The deputy noticed that Smith was standing behind his white van, with the double doors standing open. As the deputy exited his patrol vehicle, Smith walked towards him and said he could explain the note. He said the individual he intended to receive the note was older than fourteen, but admitted he had only seen her from a distance.

During his contact with Smith, the deputy noticed that he was exhibiting the signs and symptoms of being under the influence of a central nervous system stimulant. The deputy asked for Smith’s cooperation in participating in a series of tests to determine whether or not he was under the influence of illicit drugs. Smith refused to comply and became increasingly agitated. He told the deputy that he only smokes marijuana and if he was going to be arrested, then just do it.

The deputy approached the rear of Smith’s van and immediately detected the strong odor of marijuana emitting from inside the vehicle. He looked inside the van and noticed a clear plastic baggie containing marijuana, which he seized. The deputy conducted a search of the vehicle and located a glass pipe inside the pocket of a pair of pants. The pipe was stained with a white residue in the stem and a brown substance in the bowl. The deputy recognized the pipe as the type used to ingest methamphetamine. The residue was consistent in color to that of methamphetamine and the pipe appeared to contain a usable amount.

During the vehicle search the deputy located what appeared to be various Native American artifacts. Some of the artifacts were attached to index cards, which described the item and the date it was located. Some of the index cards also described the location the items were taken and the depth of the soil they were retrieved from. Some of the artifacts included various pieces of obsidian and other rocks which were shaped into points and clay pottery bowls. The deputy also located a flash drive which contained images of Smith holding a rifle, with another male subject holding obsidian points taken from an unknown location.

The deputy had just attended an Archaeological Violation Investigation Course with several other deputies from the Lake County Sheriff’s Office, officers from various other law enforcement agencies and representatives from several Lake County tribes. The course was held locally and focused on crimes associated with the looting of Native American artifacts. Through this training, the attendees learned that Lake County contains several hundred archaeological sites associated with local Native American tribes.

Several of these archaeological sites are located around Clear Lake, which recent drought conditions have exposed. Based on the coursework, the deputy immediately recognized the aforementioned items to be historically significant artifacts, likely associated with burial sites. The deputy also knew that the removal of these items was a public offence and desecration of a Native American burial site is a felony under the California Health and Safety Code.

After the deputy completed the vehicle search, he recontacted Smith who spontaneously said he was going to return the items to the tribes and that he was writing a book on the subject. The deputy compared the letter Smith had written to the fourteen year old female with the index cards describing the artifacts and where they were found. He noticed that the writing appeared to be similar. The deputy also contacted an Archaeologist who is going to review the seized items and make a determination as to where they may have originated and confirm their cultural significance.

Brian Gene Smith was arrested for possession of Native American artifacts, removing or injuring any object of archaeological or historical interest, being under the influence of a controlled substance, possession of a controlled substance and possession of marijuana. He was transported to the Lake County Hill Road Correctional Facility and booked.