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Federal judge: Drinking tea, shopping at a gardening store is probable cause
Washington Post ^
| December 28, 2015
| Radley Balko
Posted on 12/29/2015 6:06:30 PM PST by Twotone
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To: The All Knowing All Seeing Oz
The author, Radley Balko, is a far-leftist radical paid pro-all drug legalization âwriterâ I see the problem. Some druggie activist is the only voice calling the government to task, while the Conservatives are silent.
To: centurion316
Come down to Wichita. We fully embrace the 4th with wild, county-wide displays. I watch it horizon to horizon from my apartment, it is nothing short of amazing.
42
posted on
12/29/2015 7:04:02 PM PST
by
Crazieman
(Article V or National Divorce. The only solutions now.)
To: Twotone
"Last week, U.S. District Court Judge John W. Lungstrum dismissed every one of the Hartesâs claims. Lungstrum found that sending a SWAT team into a home first thing in the morning based on no more than a positive field test and spotting a suspect at a gardening store was not a violation of the Fourth Amendment."
There's a near certitude this will be overturned by a higher court. There is precedent.
The only caveat: If there is no medical MJ law in Kansas, and if simple possession is a felony.
This could not happen in 36 states of the union.
43
posted on
12/29/2015 7:11:23 PM PST
by
Mariner
(War Criminal #18 - Be The Leaderless Resistance)
To: equaviator
44
posted on
12/29/2015 7:12:09 PM PST
by
Oztrich Boy
('Life is a comedy to those who think and a tragedy for those who feel' - Horace Walpole)
To: Olog-hai
Fourth amendment.... is that from that archaic constitution thingy?
45
posted on
12/29/2015 7:18:09 PM PST
by
mykroar
("Never believe anything until it has been officially denied." - Otto von Bismarck)
To: goldstategop
"Marijuana is legal in Colorado and there is a marijuana store in my small town."
In CA, people put their stems and leaves in the yard recycling bin.
Only the Feds could get a warrant.
Medical MJ users are not registered, and finding even REAL pot in the recycle bin or garbage is not probable cause in CA.
46
posted on
12/29/2015 7:18:25 PM PST
by
Mariner
(War Criminal #18 - Be The Leaderless Resistance)
To: AndyTheBear
Magic 8 balls might be cheaper than these test kits, and perhaps more accurate⦠Problem is, I've heard you can't find them anywhere. Seems the State Dept. has bought them up, and are using them to make foreign policy decisions.
47
posted on
12/29/2015 7:28:23 PM PST
by
Bronzewound
(2016 GOP. A Timid Little Division Of The Democrat Party.)
To: DesertRhino
Without any demonstrated evidence that the people targeted were violent, why was a SWAT team sent? It should have been two detectives knocking on the door.These kinds of raids increase the likelihood of a gun owner being killed accidentally. The narrative will be that they'd still be alive if they hadn't been armed.
48
posted on
12/29/2015 7:35:02 PM PST
by
tacticalogic
("Oh bother!" said Pooh, as he chambered his last round.)
To: Twotone
Did the police and prosecutor follow standard procedure by getting an appraisal for the house and checking to make sure no one had a lien on it before the raid? SWAT raids aren't very profitable if they can't snag the house and car.
49
posted on
12/29/2015 7:54:05 PM PST
by
KarlInOhio
(CNBC = Clowns Neutered By Cruz)
To: goldstategop
My point was not about this case, and was not written as such.
It was very simple; watch out for Balko. He is a far-far leftist, huge-Obama lover trying to wrap his articles in Conservatism.
50
posted on
12/29/2015 7:55:47 PM PST
by
The All Knowing All Seeing Oz
(Explaining Obama is very simple: He plays for the other team in every way possible.)
To: The All Knowing All Seeing Oz
So, get a confirmation of the allegations from other sources. The old saw about blind squirrels and acorns still holds.
51
posted on
12/29/2015 8:07:10 PM PST
by
HiTech RedNeck
(Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
To: Twotone
Biographical Directory of Federal Judges
Lungstrum, John Watson
Born 1945 in Topeka, KS
Federal Judicial Service:
Judge, U.S. District Court, District of Kansas
Nominated by George H.W. Bush on July 24, 1991, to a seat vacated by Dale E. Saffels. Confirmed by the Senate on October 31, 1991, and received commission on November 5, 1991. Served as chief judge, 2001-2007. Assumed senior status on November 2, 2010.
Education:
Yale University, B.A., 1967
University of Kansas School of Law, J.D., 1970
Professional Career:
Private practice, Los Angeles, California, 1970-1971
U.S. Army lieutenant, 1971-1972
Private practice, Lawrence, Kansas, 1972-1991
Lecturer, University of Kansas School of Law, 1973-1982, 1986, 1989-1991, 1993
To: Crazieman
It’s even better from the 9th floor of Wesley Hospital! Yee-Haa!
To: Twotone
Hell, for a $7 million law suit, I’d have my local tac squad over in a heartbeat. That family is going to have a nice new house and car, pay off all their debts, a Caribbean cruise and some real good BBQ parties comin’ up. And their town is going to get a brand new police chief!
To: Bronzewound; AndyTheBear
Magic 8 balls might be cheaper than these test kits, and perhaps more accurate The State Department does have at least one of them:
55
posted on
12/29/2015 9:18:08 PM PST
by
FredZarguna
(Deathblow: "Not because of who you are, but because of different reasons altogether.")
To: Paladin2
OK, WHAT is this picture all about???? How can you post a picture and NOT say anything about it?
To: FredZarguna
The State Department does have at least one of them: That hilarious. I especially like how Kerry's head has been photoshopped in so it appears nearly as large as the eight ball. ; )
57
posted on
12/29/2015 10:03:49 PM PST
by
Bronzewound
(2016 GOP. A Timid Little Division Of The Democrat Party.)
To: Twotone
If the FedMob keeps pushing they’re going to create probable cause for something they can’t handle.
58
posted on
12/29/2015 11:30:25 PM PST
by
TigersEye
(This is the age of the death of reason and rule of law. Prepare!)
To: Twotone
59
posted on
12/30/2015 12:23:20 AM PST
by
Drango
(“Get me some muscle†- Melissa Click)
To: The All Knowing All Seeing Oz
60
posted on
12/30/2015 12:37:35 AM PST
by
wiggen
(#JeSuisCharlie)
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