Probable Cause? Ha ha ha....we don't need no probable cause

[VMI77]

http://www.kansascity.com/2013/05/03/42 ... based.html

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.

So, a perfectly legal act becomes the basis for snooping in your trash, and then a false (or faked) test becomes the basis for a raid. Apparently the police were recording license plates of those entering the store. And this is a government you can trust not to create a database of gun owners or de facto registration? Are the police recording the license plates of people entering gun stores already?

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.

How long before they don't even bother faking evidence based on nothing and just start dragging us out of our homes at gunpoint? Oh, yeah, that already happened in Boston.

[jmra]

Sounds like some deputies need to be unemployed.

[wil]

"...to serve and protect..." Who?

[Ark03]

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 ... :

[texanjoker]

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 ... :

That is true. They really need to legalize it and be done. Take the $ out of the cartels hands.

[suthdj]

If you don't want people digging in your trash then make it very unpleasant for them like fecal matter and busted glass. If they dig in that then more power to them they can have it all.

[Moby]

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]

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 ... :

Yes, but that's not the problem as I see it.....they searched the trash can for no reason other than the father bought perfectly legal equipment for gardening.

[VMI77]

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."

[jimlongley]

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."

[C-dub]

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.

[suthdj]

Makes you wonder what judge in their right mind would issue a warrant on that little evidence and whose interests is this judge looking after?

[gigag04]

NM I deleted it.

[Moby]

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.

I didn't get that from the information given. Tea Leaves do not test positive for pot.

You say "probably" tea leaves. Do you know for a fact it was not pot? If it tests positive, probable cause is established.
While I agree cops might be doing something better with their time. But...they are not doing anything illegal or violating any rights.
If the leaves tested positive, it's highly probable is WAS pot.

No need to apologize partner. I'm simply pointing out the homeowner/harvester should be more intelligent if he's going to grow pot for profit.

[C-dub]

I don't care if anyone searches my trash. I set it out to be taken to the dump. I set things out all the time to be hauled off to the dump and sometimes it makes it there and sometimes someone else takes it for themselves. That's not considered stealing, so why should I be concerned over the police going through my trash? I feel sorry for the LEO that does that. That bag is out on the curb for a really good reason.