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Futile pot raid spurs lawsuit
Kansas City Star ^ | March 30, 2013 | CHRISTINE VENDEL

Posted on 04/03/2013 6:30:02 AM PDT by Altariel

A Leawood couple says heavily armed Johnson County deputies barged into their home last year, turning it upside down and detaining them and their children for more than two hours in a fruitless search for marijuana.

“This is how we were awakened: banging, pounding, screaming,” the mother, Adlynn Harte, said Friday. “My husband opened the door right before the battering ram was set to take it out.”

The father allegedly was forced to lie shirtless on the foyer while a deputy with an assault rifle stood over him. The children, a 7-year-old girl and 13-year-old boy, reportedly came out of their bedrooms terrified, the teenager with his hands in the air.

And all because the couple, Robert and Adlynn Harte, bought indoor gardening equipment to grow a small number of tomato and squash plants in their basement, according to a lawsuit filed this week. The equipment was never used for marijuana, the couple says, and no one in the family has ever used illegal drugs.

Nearly a year after the SWAT-style raid, the Hartes still don’t know what evidence deputies used to persuade a judge to grant a warrant to search their home in the 10300 block of Wenonga Lane on April 20. Their requests for records that could provide such information have been denied by the sheriff’s office.

The lawsuit filed Thursday asks the court to order the release of the records. The information revealed could be used in a federal civil rights lawsuit.

“You can’t send out the SWAT team because people are trying to grow tomatoes in their basement,” Robert Harte told The Star.

(Excerpt) Read more at kansascity.com ...


TOPICS: Miscellaneous
KEYWORDS: cannabis; donutwatch; drugs; drugwar; marijuana; missouri; swat; warondrugs; wod; wodlist; wosd; wronghouse
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To: DManA

To an extent, I agree. But I think the police also bear some culpability here. Much as I despise any and all drug use and trade, does growing marijuana in your basement rise to the level of requiring an attack with assault rifles? I think not. The various law enforcement agencies need to face charges for irresponsible behavior and endangering the lives of citizenry as well. I’m having a hard time seeing the justification for a SWAT type raid in any instance without clear evidence of known violent behavior.


21 posted on 04/03/2013 7:27:01 AM PDT by Solidstatechemist (SolidStateChemist)
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To: Altariel
“You can’t send out the SWAT team because people are trying to grow tomatoes in their basement,” Robert Harte told The Star.

Oh, but you can.

22 posted on 04/03/2013 7:32:31 AM PDT by <1/1,000,000th%
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To: JustSayNoToNannies

Alcohol prohibitionists had and have the same attitude and justifications. Many of them owe their livelihood to prohibition.


23 posted on 04/03/2013 7:33:53 AM PDT by Cboldt
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To: Mr. K

There is a free app from the ACLU for downloading to your cell phone called Police Tape. It will record audio and/or video in stealth mode which you can submit to the ACLU for review.

Available here:
http://www.aclu-nj.org/yourrights/the-app-place


24 posted on 04/03/2013 7:43:02 AM PDT by Second Amendment First ("Those who hammer their guns into plows will plow for those who do not..." - Thomas Jefferson.)
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To: Solidstatechemist; JustSayNoToNannies

You’re right.


25 posted on 04/03/2013 7:44:48 AM PDT by DManA
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To: stuartcr

Apparently the cops were watching the store and taking license plate numbers. Paying with cash would have made no difference.


26 posted on 04/03/2013 7:45:13 AM PDT by Second Amendment First ("Those who hammer their guns into plows will plow for those who do not..." - Thomas Jefferson.)
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To: Solidstatechemist

“””does growing marijuana in your basement rise to the level of requiring an attack with assault rifles?””””

Yes. Drug dealers are usually armed. If you bust down a drug dealer’s door, you gonna get shot.
If you were a cop... and your mission was to serve a warrant on a suspected drug dealer’s residence, would you want to go in unarmed? If I were to go raid a drug dealer’s house, you better believe I am going to be protecting myself.


27 posted on 04/03/2013 7:45:35 AM PDT by envisio (Its on like Donkey Kong!!)
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To: Eric in the Ozarks

The right to face your accuser is a foundational civil right.


28 posted on 04/03/2013 7:46:30 AM PDT by DManA
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To: DManA

‘zackly !


29 posted on 04/03/2013 7:48:58 AM PDT by Eric in the Ozarks (NRA Life Member)
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To: Second Amendment First

but what if it is not something the ACLU is interested in? (like constitutional rights) can you still obtain a copy of it?


30 posted on 04/03/2013 7:54:18 AM PDT by Mr. K (There are lies, damned lies, statistics, and democrat talking points.)
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To: JustSayNoToNannies
And yet some "conservatives" fear drugs more than they fear a police state.

And the only thing that will wake them up is when the same no-knock paramilitary style tactics are used to come for their 'illegal guns and knives'...

31 posted on 04/03/2013 7:55:27 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: bamahead
And the only thing that will wake them up is when the same no-knock paramilitary style tactics are used to come for their 'illegal guns and knives'...

They'll still tell you the drug war has nothing to do with the 2A, even after the testimony that the DEA was a willing and active participant in Fast and Furious.

32 posted on 04/03/2013 7:58:22 AM PDT by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: Eric in the Ozarks

Civil Right - Endowed by our Creator; Stolen by our governments.


33 posted on 04/03/2013 7:58:40 AM PDT by DManA
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To: envisio

Again, yes, I understand that drug dealers are usually armed - but there are also other signs when someone is dealing drugs. Lots of traffic to/from the residence; people don’t stay long. If the account is accurate, doesn’t sound like that kind of activity was in evidence here. I just think a SWAT type raid on that little evidence is unacceptable.


34 posted on 04/03/2013 7:59:31 AM PDT by Solidstatechemist (SolidStateChemist)
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To: Mr. K

The recording is on your phone. You may send a copy to them for review for free. You may also have your recording reviewed by your own attorney.


35 posted on 04/03/2013 8:00:37 AM PDT by Second Amendment First ("Those who hammer their guns into plows will plow for those who do not..." - Thomas Jefferson.)
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To: bamahead

Couldn’t happen. The police would NEVER barge into innocent people’s homes, terrorize women and children, and/or shoot their dogs for the purpose of seizing their property.

( Do I really need a sarc tag?)


36 posted on 04/03/2013 8:06:30 AM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: JustSayNoToNannies

are you flippin kidding me? Most conservatives say if people want to destroy themselves with the depravity of drug abuse, let them


37 posted on 04/03/2013 8:11:00 AM PDT by yldstrk (My heroes have always been cowboys)
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To: tacticalogic
Drug Warriors have had a sordid history with respect to 2A from the get-go:

U.S. BANS IMPORTS OF ASSAULT RIFLES IN SHIFT BY BUSH

March 15, 1989

The Bush Administration today banned imports of semiautomatic assault rifles indefinitely, pending a review of whether the military-style weapons are being used for sporting purposes.

The step, announced by William J. Bennett, the director of national drug policy, is effective immediately and was taken after officials learned that requests this year from importers to bring in the weapons had already nearly tripled those for all of 1988

-snip-

But White House officials said Mr. Bush, a life member of the National Rifle Association and an opponent of gun control, shifted his position after lobbying by Mr. Bennett, by drug officials and by his wife, Barbara, who had indicated she favored a ban.

http://www.nytimes.com/1989/03/15/us/us-bans-imports-of-assault-rifles-in-shift-by-bush.html

38 posted on 04/03/2013 8:14:09 AM PDT by Ken H
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To: Second Amendment First

just plain bad luck


39 posted on 04/03/2013 8:23:31 AM PDT by stuartcr ("I have habits that are older than the people telling me they're bad for me.")
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To: Solidstatechemist

Probably not in WA and CO


40 posted on 04/03/2013 8:25:25 AM PDT by stuartcr ("I have habits that are older than the people telling me they're bad for me.")
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