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AlterNet reports
On April 20, 2012, seven heavily armed Johnson County sheriff's officers conducted an early morning raid on the house of Adlynn and Robert Harte based on vegetative samples found in the couple's trash. It turns out those samples were tea leaves, and officers found a hydroponic tomato garden instead of marijuana.
The Hartes sued the county for $7 million on unlawful search-and-seizure claims, which a federal judge tossed after finding the officers were entitled to qualified immunity.
On [July 25, 2017], however, a three-judge 10th Circuit panel disagreed--and Circuit Judge Carlos Lucero offered a sarcastic summary in the ruling of the mistakes made by the officers.
"Law-abiding tea drinkers and gardeners beware: One visit to a garden store and some loose tea leaves in your trash may subject you to an early morning, SWAT-style raid, complete with battering ram, bulletproof vests, and assault rifles", Lucero wrote. "Perhaps the officers will intentionally conduct the terrifying raid while your children are home, and keep the entire family under armed guard for 2½ hours while concerned residents of your quiet, family-oriented neighborhood wonder what nefarious crime you have committed. This is neither hyperbole nor metaphor--precisely what happened to the Harte family in the case before us on appeal."
[...] The Hartes claim that officers lied about the field test results showing the tea leaves tested positive for THC, the principal ingredient in marijuana. Police failed to photograph the results and did not send the samples to a lab for confirmation, given the pressure to obtain warrants for the April 20 crackdown--facts not lost on [concurring Judge Nancy] Moritz.
(Score: 5, Insightful) by MrGuy on Friday July 28 2017, @07:35PM (3 children)
when a story about judges finding that a horrific law enforcement overreach is at least sufficient to warrant a civil trial is NEWS. When a ruling that the shield of "qualified immunity so nyah nyah!" isn't an absolute defense against any responsibility for wrongdoing is NEWS.
What the gorram hell is wrong with this country?
(Score: 0) by Anonymous Coward on Friday July 28 2017, @08:50PM
When you are at the top, the only way to go is down. Don't worry, though. Rome wasn't burnt in a day - it will be a long painful road.
(Score: -1, Flamebait) by Anonymous Coward on Saturday July 29 2017, @01:30AM (1 child)
Trump! Trump! Trump!
Throw those marihuana grows in PMITA prison! Lock them up! Lock them up! Lock them up!
After all, if they hadn't been guilty of something, the cops wouldn't have gone after them. Therefore, they are guilty of something.
Trump! Trump! Trump!
(Score: 3, Insightful) by requerdanos on Saturday July 29 2017, @03:12AM
Kind of like how all the people shot by police, many brown or black in color, were all "resisting arrest"?