Indoor Veggie Garden Raided By Cops
Heather Hollingsworth writes for AP that the home of a Kansas couple -- two former CIA employees, in fact -- was searched by sheriff's deputies as part of "Operation Constant Gardener," a sweep by Kansas and Missouri agencies that landed pot plants, guns, growing equipment and cash...just not from their house.
The couple, Adlynn and Robert Harte, sued this week to get more information about why their home (in an upscale Kansas City suburb) was searched:
The Hartes' attorney, Cheryl Pilate, said she suspects the couple's 1,825-square-foot split level was targeted because they had bought hydroponic equipment to grow a small number of tomatoes and squash plants in their basement."With little or no other evidence of any illegal activity, law enforcement officers make the assumption that shoppers at the store are potential marijuana growers, even though the stores are most commonly frequented by backyard gardeners who grow organically or start seedlings indoors," the couple's lawsuit says.
...During the sweep, the court filing said, the Hartes were told they had been under surveillance for months, but the couple "know of no basis for conducting such surveillance nor do they believe such surveillance would have produced any facts supporting the issuance of a search warrant."
Harte said he built the hydroponic garden with his son a couple of years ago. He said they didn't use the powerful light bulbs that are sometimes used to grow marijuana and that the family's electricity usage didn't change dramatically. Changes in utility usage can sometimes lead authorities to such operations.
When law enforcement arrived, the family had just six plants -- three tomato plants, one melon plant and two butternut squash plants -- growing in the basement, Harte said.
The suit also said deputies "made rude comments" and implied their son was using marijuana. A drug-sniffing dog was brought in to help, but deputies ultimately left after providing a receipt stating, "No items taken."
An essential point:
"If this can happen to us and we are educated and have reasonable resources, how does somebody who maybe hasn't led a perfect life supposed to be free in this country?" Adlynn Harte said in an interview Friday.
via @radleybalko
Another use for those bright lights is cheap photography lights. I bought my brother a reflector light thing and it came with just such a light bulb.
A 75 watt CFL I believe it was...not equivalent, actual.
The Former Banker at March 30, 2013 11:46 PM
Growing your own food is the crime. Famine is a tool; self sufficient people cannot be so easily controlled. Yes, even three tomato plants; squash is a gateway produce that leads to backyards full of wheat. Y'all excuse me while i go watch a million acres of inedible ethanol corn grow - very comforting.
Storm Saxon's Gall Bladder at March 31, 2013 5:51 AM
The first mistake was not asking "Where's your warrant?" When they said "We don't have one." the response is get off my property. Asking for your civil rights is not probable cause as much as they cops hate that.
Not that they should even have to be asking that question.
Jim P. at March 31, 2013 7:04 AM
"...the Hartes were told they had been under surveillance for months..."
What a waste of resources. The incompetence of the law enforcement agencies involved is staggering.
Ken R at March 31, 2013 10:23 AM
Usually these stories include police shooting suspects' pets and holding children at gunpoint. This mess gets worse and worse. As for these two particular victims I'm sorry they had to go through that crap and now have to, with the help of a lawyer, go through more crap. I look forward to the day when Americans resist the police with deadly force. That, more than lawsuits, will put a little fear into those who want to oppress us.
Vic Kelley at March 31, 2013 12:14 PM
Last Friday, there was an area sheriff on the evening news commenting on the SCOTUS decision we discussed here last week, concering drug dogs. His take on it was self-contradictory but interesting. He started by complaining about the amount of paperwork and time it would add to his operations. But then he reversed himself and said it would be no impact, because, in effect, his deparatment can get a warrant for any address at any time. The implication is that they have at least one local judge who will issue warrants based solely on their say-so.
Cousin Dave at April 1, 2013 6:53 AM
I hope the family wins the lawsuit.
But if you had bought gear from a store like this -- especially if you had kids -- wouldn't be smart to let the sheriff or police know what you were using it for? Yeah, it's none of their business, but it would be safe to be open about it.
Crime has spiked ~50% in the past couple years around here, so I went to the sheriff's dept. to ask about the situation. I was surprised that the sheriff actually sat and spoke w/ me for 20 minutes.
Coincidentally, there is a hydroponic store across the street from the sheriff department, and i asked him if they ever follow customers. He said they weren't concerned with those growers andt it wouldn' t "hurt his feelings" if marijuana was decriminalized. it was an interesting helpful talk.
Jason S. at April 1, 2013 7:07 AM
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