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Robert Harte and his two children visited a Kansas City hydroponic store in August 2011, according to the documents. (Hydroponic stores sell equipment for indoor gardening.) Harte left with a small bag of merchandise. Deputies found out in March 2012 about his visit from Missouri Highway Patrol Sgt. Jim Wingo, who said he had a record of Harte’s license plate being spotted at the store. Mark Burns, a deputy sheriff, later used the visit as evidence in the affidavit, saying the equipment is commonly used to grow marijuana.

Eight months after the visit to the store, deputies pulled trash bags three times from the Hartes’ trash can when they placed it at the end of their driveway, according to the documents. About a cup of a leafy green substance that deputies believed to be marijuana was found in each of two trash bags. They conducted a field test on the material, and it tested positive for marijuana.

But a lab test done 10 days after the raid and again four months later in August found that the leafy material was not marijuana.

“It does not look anything like marijuana leaves or stems,” a lab report said.

So, a perfectly legal act becomes the basis for snooping in your trash,

Ark03 wrote:

So, a perfectly legal act becomes the basis for snooping in your trash,

In California v. Greenwood, the US Supreme Court found that the fourth amendment doesn't apply to trash left on the curb.

Not saying I agree with it, but the police can search your trash without a reason - they don't need cause. The test that sounds falsified is another matter ... :

Ark03 wrote:

So, a perfectly legal act becomes the basis for snooping in your trash,

In California v. Greenwood, the US Supreme Court found that the fourth amendment doesn't apply to trash left on the curb.

Not saying I agree with it, but the police can search your trash without a reason - they don't need cause. The test that sounds falsified is another matter ... :

Moby wrote:While I understand the sentiment let's loo at the facts.

1. They were in a hydroponic equipment supply store.

2. Trash at the curb is not protected by the 4th amendment. (yes I believe it should be but it isn't)

3. The fools put pot in the trash can and it tested positive.

4. They could have simply burned it in a BBQ grill.

While I do not agree with the method the cops used, they are in the business of law enforcement. Even if what they were doing was something I do not agree with. If you're going to set up an illegal business you MUST be smarter than the cops.

Do I think the cops are really doing any good in this effort? No. But was the home owner stupid? You decide.

VMI77 wrote:

Moby wrote:While I understand the sentiment let's loo at the facts.

1. They were in a hydroponic equipment supply store.

2. Trash at the curb is not protected by the 4th amendment. (yes I believe it should be but it isn't)

3. The fools put pot in the trash can and it tested positive.

4. They could have simply burned it in a BBQ grill.

While I do not agree with the method the cops used, they are in the business of law enforcement. Even if what they were doing was something I do not agree with. If you're going to set up an illegal business you MUST be smarter than the cops.

Do I think the cops are really doing any good in this effort? No. But was the home owner stupid? You decide.

What are you talking about? Did you even read the article?

1. Hydroponic equipment is NOT ILLEGAL. It can be used for illegal purposes and so can guns, so does the fact the you bought a gun in a gun store justify police spying on you?

2. THERE WAS NO POT. The lab tested what the police claimed was pot and reported it didn't even look like pot. THEY DID NOTHING ILLEGAL. They weren't "fools."

Moby wrote:While I understand the sentiment let's loo at the facts.

1. They were in a hydroponic equipment supply store.

2. Trash at the curb is not protected by the 4th amendment. (yes I believe it should be but it isn't)

3. The fools put pot in the trash can and it tested positive.

4. They could have simply burned it in a BBQ grill.

While I do not agree with the method the cops used, they are in the business of law enforcement. Even if what they were doing was something I do not agree with. If you're going to set up an illegal business you MUST be smarter than the cops.

Do I think the cops are really doing any good in this effort? No. But was the home owner stupid? You decide.

C-dub wrote:

Moby wrote:While I understand the sentiment let's loo at the facts.

1. They were in a hydroponic equipment supply store.

2. Trash at the curb is not protected by the 4th amendment. (yes I believe it should be but it isn't)

3. The fools put pot in the trash can and it tested positive.

4. They could have simply burned it in a BBQ grill.

While I do not agree with the method the cops used, they are in the business of law enforcement. Even if what they were doing was something I do not agree with. If you're going to set up an illegal business you MUST be smarter than the cops.

Do I think the cops are really doing any good in this effort? No. But was the home owner stupid? You decide.

Sorry Moby.

No pot. It was probably tea leaves.