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According to a motion the Electronic Frontier Foundation filed in Sacramento Superior Court last week, Nguyen and Decker are only two of more than 33,000 Sacramento-area people who have been flagged to the sheriff’s department by the Sacramento Municipal Utility District, the electricity provider for the region. SMUD called the customers out for using what it and department investigators said were suspiciously high amounts of electricity indicative of illegal cannabis farming.

The EFF, citing investigator and SMUD records, said the utility unilaterally analyzes customers’ electricity usage in “painstakingly” detailed increments of every 15 minutes. When analysts identify patterns they deem likely signs of illegal grows, they notify sheriff’s investigators. The EFF said the practice violates privacy protections guaranteed by the federal and California governments and is seeking a court order barring the warrantless disclosures.

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In May 2020, Sacramento, California, resident Alfonso Nguyen was alarmed to find two Sacramento County Sheriff’s deputies at his door, accusing him of illegally growing cannabis and demanding entry into his home. When Nguyen refused the search and denied the allegation, one deputy allegedly called him a liar and threatened to arrest him.

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Nguyen’s electricity consumption was the result of a spinal injury that requires him to use an electric wheelchair and special HVAC equipment to maintain his body temperature.

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Further raising concerns, in at least two cases, SMUD analysts described flagged customers with the description of “4k [kWh], Asian,” and “multiple Asians have reported there.”