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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

In April 2012, a Kansas SWAT team raided the home of Robert and Addie Harte, their 7-year-old daughter and their 13-year-old son. The couple, both former CIA analysts, awoke to pounding at the door. When Robert Harte answered, SWAT agents flooded the home. He was told to lie on the floor. When Addie Harte came out to see what was going on, she saw her husband on his stomach as SWAT cop stood over him with a gun.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; US: Kansas
KEYWORDS: 4thamendment; clickbait; donutwatch; falsepositive; fourthamendment; garbage; gardening; hydroponics; johnsoncounty; leawood; liberalagenda; looseleaftea; marijuana; radleybalko; raid; swat; tea; tomatoes; warondrugs; wod; wosd
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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 “writer”

I see the problem. Some druggie activist is the only voice calling the government to task, while the Conservatives are silent.

41 posted on 12/29/2015 6:59:13 PM PST by centurion316
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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.)
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To: Twotone
"Last week, U.S. District Court Judge John W. Lungstrum dismissed every one of the Hartes’s 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)
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To: equaviator

as long as you fear them


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)
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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)
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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)
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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.)
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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.)
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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)
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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.)
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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.)
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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


52 posted on 12/29/2015 8:44:12 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Crazieman

It’s even better from the 9th floor of Wesley Hospital! Yee-Haa!


53 posted on 12/29/2015 9:12:42 PM PST by PrairieLady2
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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!


54 posted on 12/29/2015 9:13:31 PM PST by Yollopoliuhqui
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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.")
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To: Paladin2

OK, WHAT is this picture all about???? How can you post a picture and NOT say anything about it?


56 posted on 12/29/2015 9:28:10 PM PST by jackibutterfly
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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.)
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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!)
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To: Twotone

reefer madness.


59 posted on 12/30/2015 12:23:20 AM PST by Drango (“Get me some muscle” - Melissa Click)
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To: The All Knowing All Seeing Oz

Simple search,
http://news.yahoo.com/photos/addie-bob-harte-share-photos-day-police-raid-photo-013210354.html;_ylt=A0LEV16dl4NWUOoAHiZXNyoA;_ylu=X3oDMTEyMGNlaHRuBGNvbG8DYmYxBHBvcwMzBHZ0aWQDQjExNzlfMQRzZWMDc3I-

It was part of a much larger operation that did indeed catch the drugs they were looking for. The made a mistaje with this family.


60 posted on 12/30/2015 12:37:35 AM PST by wiggen (#JeSuisCharlie)
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