Jury Awards Couple No Damages For Bungled Marijuana Raid Predicated On Wet Tea Leaves

from the sheriff's-office-free-to-abuse-citizens-again dept

Wed, Jan 10th 2018 3:22am — Tim Cushing

A jury has shrugged its shoulders in response to a farcical effort by local publicity hounds/drug warriors to score a 4/20 marijuana bust, only to end up with a handful of garden supplies and violated rights. The lead-up to the bungled raid of Robert and Addie Harte's house included a law enforcement agency hoping to bury the previous year's 4/20 raid failure (in which tomatoes were seized), a state trooper compiling a freelance database of garden store visitors, two field drug tests that identified tea leaves as marijuana, and a whole lot of might-makes-right drug warrioring.

By the time it was over, the Hartes had been held at gunpoint for two hours while the sheriff's department desperately tried to find something illegal in their home. Nothing was found and the Hartes sued the law enforcement agency. The district court said this was fine: officers should be able to rely on the results of field drug tests, even when said field drug tests are notoriously fallible.

The Appeals Court, however, disagreed entirely with the lower court's "ignorance = immunity" theory.

The defendants in this case caused an unjustified governmental intrusion into the Harte's’ home based on nothing more than junk science, an incompetent investigation, and a publicity stunt. The Fourth Amendment does not condone this conduct, and neither can I.

It's of little comfort to the Hartes, however. While the Appeals Court may have stripped the immunity, it was still up to a jury to decide how much this debacle was going to cost taxpayers footing the bill for law enforcement malfeasance. I guess taxpayers can breathe a little easier, even if it means the sheriff's office no longer faces much of a deterrent effect. Jacob Sullum at Reason has the disappointing details.

This week a federal jury declined to award any damages to Adlynn and Robert Harte, the Leawood, Kansas, couple whose home was raided in 2012 based on a field tests that supposedly identified wet tea leaves in their trash as marijuana. The verdict is not very surprising, since the only claim the Hartes were allowed to pursue required them to show that Johnson County sheriff's deputies lied about the results of the tests.

Limited to that one claim, it's unlikely the Hartes will ever see monetary damages awarded, even on appeal. As for the sheriff's office, its claims of infallible field drug tests will continue to be held up as another example of just how ignorant courts allow law enforcement officers to be.

[D]eputy Mark Burns confessed that he had never seen loose tea before but thought, based on his training and experience, that it looked like marijuana leaves. A lab technician consulted after the raid disagreed, saying the leaves didn't "appear to be marijuana" to the unaided eye and didn't "look anything like marijuana leaves or stems" under a microscope. Burns himself did not deem the leaves suspicious the first time he pulled them out of the Hartes' garbage. But he thought they were worth testing when he returned a week later, 10 days before the raids demanded by Operation Constant Gardener. Sheriff Frank Denning, who authorized the search of the Hartes' home without laboratory confirmation of the field test results, claimed he had never heard such tests could generate false positives, despite four decades in law enforcement and despite the warning on the label. Maybe Burns and Denning were both lying, but it is at least as easy to believe they were simply uninformed, incompetent, and careless.

The Appeals Court tore this useful ignorance apart, allowing the Hartes' case to proceed. The lack of awarded damages -- and the reduction of the case to a single assertion almost impossible to prove -- reinstates the shield of willful ignorance. The less cops know about the tools they use, the better. You can't perjure yourself if you don't read the warning label or educate yourself about field test failure rates. Not knowing stuff makes the job so much easier. In law enforcement, ignorance is better than bliss. It's a Get Out Of Litigation Free card.

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Filed Under: 4/20, addie harte, marijuana, police raid, robert harte, tea leaves

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hij (profile), 10 Jan 2018 @ 3:25am

No more mowing the lawn
On the plus side I have yet another reason to avoid yard work. I am sort of surprised, though, that the Lowes/Home Depot yard cartel has not weighed in on this.
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That One Guy (profile), 10 Jan 2018 @ 3:26am

Makes sense
The verdict is not very surprising, since the only claim the Hartes were allowed to pursue required them to show that Johnson County sheriff's deputies lied about the results of the tests.

I mean it's not like anything else that happened could possibly compare to an impossibly-to-prove thing like 'they knew the tests were faulty and based the raid on it anyway', so clearly if they can't demonstrate that then they really have no case at all.

And honestly, expecting police to have any idea whatsoever as to the accuracy of the tools they use? To expect them to read the warning labels? What kind of insane bars are we setting to think that those kinds of requirements even begin to make sense when it comes to police-work? What next, punishing them for not knowing the laws they are tasked with upholding? Expecting them to act in a professional manner and admit it when they screw up? I feel safe in saying that it should be crystal clear to all that down that path lies madness and pure anarchy.
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David, 10 Jan 2018 @ 3:36am

What do you expect?

In law enforcement, ignorance is better than bliss. It's a Get Out Of Litigation Free card.

It's not without reason that applicants for police jobs are screened for intelligence and rejected if they score too high.

A track record of someone in a patrol team having a modicum of intelligence at their disposal would be a large impediment and legal risk for the work of the whole department.
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ryuugami, 10 Jan 2018 @ 3:41am

Reading ability

Sheriff Frank Denning [...] claimed he had never heard such tests could generate false positives [...] despite the warning on the label.

Remember the old joke, why policemen always go in groups of three? One who can read, one who can write, and a third one to keep an eye on the intellectuals?

Sheriff Denning's department must have decided to fire all of the intellectuals.
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That Anonymous Coward (profile), 10 Jan 2018 @ 4:02am

BUT DRUGS ARE BAD!!!!!!!!!!!!!!!

So what if a few innocent people get held at gunpoint because of junk science.

But hey on the upside the Chief can no longer claim that he's never heard the tests can lead to false positives.

We dunno why people are reporting a growing lack of trust in police...
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That One Guy (profile), 10 Jan 2018 @ 4:10am

Re:
But hey on the upside the Chief can no longer claim that he's never heard the tests can lead to false positives.

Ideally(or even sanely) yes. In practice... well, I wouldn't get your hopes up. If expecting them to be able to read is too much to ask, I imagine expecting them to have any sort of memory is probably also 'setting the bar unrealistically high.'
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Anonymous Coward, 10 Jan 2018 @ 4:21am

Ignorance of the law is no excuse...
Unless you're tasked with enforcing it.
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cryophallion (profile), 10 Jan 2018 @ 4:21am

New law against reckless stupidity
Some days, I really wish we could have a civil law against reckless stupidity, where we could at least do something about these types of cases.

Then, I realize just how many people would be guilty of it (including me when I make blunderheaded choices), and then I realize that in our already overly litigious society, it would be heavily abused.

But on days like this, it doesn't stop me from really wanting it.
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Ninja (profile), 10 Jan 2018 @ 4:59am

Further victims of the stupid war on drugs. Even when everybody that has at least 2 neurons know that it's freely available and people use it without problems everywhere.
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Richard (profile), 10 Jan 2018 @ 5:09am

Compensation
Even if the police did no wrong the couple have been subjected to a distressing experience and likely significant damage to their property.
Morally the police should now offer some significant compensation "without admitting culpability".

Why am I not holding my breath for this to happen?

American police? morality?
hmmm
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ThaumaTechnician (profile), 10 Jan 2018 @ 5:18am

Now that the jury has decided that the cops were incompetent
Can we expect that they'll all get a cut in pay?
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Anonymous Coward, 10 Jan 2018 @ 5:56am

Re: Ignorance of the law is no excuse...
And wish to carry out a vendetta.
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Anonymous Coward, 10 Jan 2018 @ 7:00am

"Deputy Mark Burns confessed that he had never seen loose tea before but thought, based on his training and experience, that it looked like marijuana leaves."

Was this one of those "specially trained" LEOs? They can supposedly detect drug related activity just by looking at it.
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Anonymous Coward, 10 Jan 2018 @ 7:26am

Oh, a down side of technicalities, eh?
Because BAD people get the benefit too. Why aren't you cheering if believe "it's better for ten guilty to go free than one innocent"?

Because, as I agree: it's manifestly injust.

This needs application of common law principles.

Key evil here is that judge arbitrarily disallowed valid claims. That's the way difficult cases, especially against "law enforcement", are FIXED. Prosecutors deliberately overcharge and prosecute incompetently, or judges fudge decisions -- whatever is needed to get the result that They want. Surely what we ALL want is what almost any jury would have decided if not stymied -- out of sight -- by devils in human form called lawyers.

So, first kill all the lawyers. -- Easily done by removing de facto monopoly of "the bar".

But you must also stop cheering when drug mules and motorcycle thieves escape justice (as you're sure to do later today when it's re-written). Doesn't serve your interests when ANY criminals are let go. (When that piece runs, I've a way to decide this and those cases that's EXACTLY in accord with your own notions.)
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Anonymous Coward, 10 Jan 2018 @ 7:33am

Re: So what if a few guilty persons are let off rather than one innocent convicted?
Just take a look at that phrase next time you're cheering (as will be soon) when drug mules and motorcycle thieves are let off.

There has to be a third way when any reasonable person -- that means you AND me here -- sees this as injust.

Oh, and as I note below: the judge FIXED this one by disallowing the real complaints. We might even agree that lawyers are a major problem in law.
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ralph_the_bus_driver (profile), 10 Jan 2018 @ 7:52am

Re: Makes sense
When a cop enforces the law, we expect them to know what the law is. A cop can not enforce drug laws unless he knows and is aware of what drugs are and how to determine that they are, in fact illegal.

I understand your sarcasm; I'm just adding my own rant.
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Anonymous Coward, 10 Jan 2018 @ 7:54am

Re: Re: Makes sense
"When a cop enforces the law, we expect them to know what the law is"

Has anyone here voted for a candidate to office that holds this same view?

thought so...
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Anonymous Coward, 10 Jan 2018 @ 7:54am

Keystone cops strike again
...and they thank the courts for allowing them to continue with their bungled ways.
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ralph_the_bus_driver (profile), 10 Jan 2018 @ 7:57am

Re:
While true, this is even more a sign of how cops will go after the low hanging fruit instead of the top. Wracking up a lot of small busts look better than working hard to bust the top running the show.
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anonymous, 10 Jan 2018 @ 8:00am

Field Test
At some point there should be a class action suit against the company that makes the field drug test. Possibly this would remove one bogus tool from law enforcement's hands.
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ryuugami, 10 Jan 2018 @ 8:08am

Re: Oh, a down side of technicalities, eh?
Hallucinations, hears voices, argues with air... Officer, this guy ----^ is on drugs.
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Ninja (profile), 10 Jan 2018 @ 8:09am

Re:
To be fair there are other leaves that resemble marijuana ones. But they are neither common nor used to make tea as far as I know.
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Anonymous Coward, 10 Jan 2018 @ 8:17am

Re:
"BUT DRUGS ARE BAD!!!!!!!!!!!!!!!

So what if a few innocent people get held at gunpoint because of junk science."

On the plus side the police were keeping them safe. I mean there is no where safer than sitting in the middle of a room surrounded by police with assault weapons right?
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Ninja (profile), 10 Jan 2018 @ 8:18am

Re: Oh, a down side of technicalities, eh?
I've tried to make sense of your comment for exactly 30 seconds after reading it twice. The resulting answer to it is: 42.
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Anonymous Coward, 10 Jan 2018 @ 8:20am

Re:
"Was this one of those "specially trained" LEOs? They can supposedly detect drug related activity just by looking at it."

C'mon I think we both know he tried smoking it
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tin-foil-hat, 10 Jan 2018 @ 8:21am

Re: Re:
Not everyone is an exemplary employee at any company. They are usually in the minority. It's a travesty that this low standard is acceptable in a profession that poses a threat to life and liberty.

There are exemplary dedicated police employees amd employers that value hard work. Unfortunately there are some that confer honor and respect to all regardless of their performance, competence and integrity or lack thereof.

IMO, just like giving every child an award for showing up, it devalues the contributions of those that truly excel.
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Anonymous Coward, 10 Jan 2018 @ 8:24am

Re: New law against reckless stupidity
We don't need a law against reckless stupidity, we just need cops to be held accountable for not knowing the laws they're supposed to be enforcing.
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Anonymous Coward, 10 Jan 2018 @ 8:26am

Re: Field Test
but why. As I understand it the test has information about potential false positives on the side. The manufacturer most likely also provides information that indicates what the test actually looks for (it is obviously not the actual drug but something in it) and why false positives might happen. The problem is the individuals who decided these tests were useful at all. My guess... a politician was bribed in order to push for the use of the tests. Need to get ride of the laws that make bribery legal (lobbying is legalized bribery) and start enforcing them
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Anonymous Coward, 10 Jan 2018 @ 8:26am

Re: Re: Re:
It isn't just that there's a few incompetent cops. It's that there's also heads of departments, lawyers, judges, and law precedent supporting the injustice perpetrated by cops. And as long as it is supported, it will breed more incompetence.
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Anonymous Coward, 10 Jan 2018 @ 8:26am

Reefer Madness.
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JoeCool (profile), 10 Jan 2018 @ 8:44am

Re: Re:
I don't know - I drink all kinds of different loose-leaf teas, from Earl Grey to White to Oolong to herbal, and I've NEVER seen a single tea blend that looked remotely like MJ. I'd say this cop was a moron - it was loose "leafy stuff" in a bag, so he ASSUMED it was MJ.
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Ninja (profile), 10 Jan 2018 @ 8:44am

Re: Re: Re: Re:
That. And there are plenty of cops who won't speak against their coworkers bad behavior. While it's understandable it doesn't help the cause.

We all have a little tyrant inside us. Some of us can control it most of the time. Some of us can control it while not in positions of absolute power. Most of us can't really control it at all. I personally want distance from positions of power.
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Anonymous Coward, 10 Jan 2018 @ 8:45am

Re: Re: Re: Makes sense
Like LEOs give a shit what some political mouth piece has to say
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JoeCool (profile), 10 Jan 2018 @ 8:46am

Lemme guess...
The jury was composed of people who lived in the same district as the accused and someone informed them that any damages would wind up coming out of their taxes. So give the couple a win, but don't give ourselves a big tax increase.
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Anonymous Coward, 10 Jan 2018 @ 8:47am

Re: Makes sense
"only claim the Hartes were allowed to pursue required them to show that Johnson County sheriff's deputies lied about the results of the tests."

If they did not lie then they are ignorant and therefore unqualified for the positions they hold.
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Anonymous Coward, 10 Jan 2018 @ 8:48am

Re:
I know that back when I used to do pot I'd always get it good and wet before inhaling the bubbles instead of smoking it. It really does the trick on not decarboxylating it and doing fuckall to get you high.

Best $60 an oz. of not getting at all high I ever spent.
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Johan (profile), 10 Jan 2018 @ 8:50am

Training
Do law enforcement officers have to do training to keep up with laws at all?

I know every major company forces training on subjects of compliance and data privacy and whatever else they deem needed to keep the company in line with changing requirements. Even the standard cursory click-through and attempt at the test teaches me some of the basics.

It would be nice if a similar system was setup for LEO's to prove that they are up to the task, and if they sign off on those tests they would not be able to feign ignorance.
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Anonymous Coward, 10 Jan 2018 @ 8:57am

Re: Re: Re:
Yup - because civilians are criminals ... all of them, some have just not been caught yet. This is apparently what many LEOs believe while ignoring their own transgressions because the end justifies the means. Perhaps there is a psychiatric term for this behavior. Now, granted - theoretically it is impossible to go thru one single day without violating at least one law. Maybe our esteemed leaders should get rid of stupid old laws that .... ahhhh, forget it - will never happen.
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Anonymous Coward, 10 Jan 2018 @ 8:59am

Re: Re:
Plus the tea leaves were found in the trash?
LOL - what self respecting pot smoker throws out their stash?
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Anonymous Coward, 10 Jan 2018 @ 9:03am

Re: Re: Re: Re: Makes sense
They will when the political mouth piece starts talking about why citizens are expected to know every law in existence "or else" while a professional in the duty of enforcing law does not.

The conversation has to start with them, since they are responsible for making changes to the law and all that...
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Anonymous Coward, 10 Jan 2018 @ 9:05am

Re: Oh, a down side of technicalities, eh?
"Why aren't you cheering if believe "it's better for ten guilty to go free than one innocent"?"

Ummm - hello? .... This story has nothing to do with that argument, as you so aptly put it later on in your post ....

" that judge arbitrarily disallowed valid claims."

In addition, advocating for the murder of others is not something considered to be sane in todays society.
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Anonymous Coward, 10 Jan 2018 @ 9:07am

Re: Re: Field Test
"but why."

Because for some that is one of the only options available.
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Anonymous Coward, 10 Jan 2018 @ 9:10am

Re: Training
They make you take those training courses to cover their asses, nothing more, and do not expect the higher ups to conform because the lower echelon is comprised of scape goats.
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John85851 (profile), 10 Jan 2018 @ 9:44am

What other tools do the police not know how to use?
Can we take this discussion up a level, so to speak?

If the police testified that they don't know how to use the drug testing equipment, is it safe to assume they don't know how to use other equipment? Then can we assume these police officer may not know how to use their gun to shoot accurately? Can we assume they may not know how to operate a patrol car properly?
Okay, maybe driving a car is a bad example, but you know what I mean.
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Stephen T. Stone (profile), 10 Jan 2018 @ 9:54am

Re: Oh, a down side of technicalities, eh?

Doesn't serve your interests when ANY criminals are let go.

If a supposed criminal is arrested, tried, and convicted based on what the police and the courts later learn is false evidence, it behooves the courts to act in the interests of justice and release that convicted “criminal”. No one should be imprisoned based on perjured testimony or false evidence, even if they are guilty of a crime.
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Stephen T. Stone (profile), 10 Jan 2018 @ 9:56am

Re: Training

Do law enforcement officers have to do training to keep up with laws at all?

Judging by how many stories we still see about cops who tell bystanders that they cannot legally film the cops doing their jobs…no, they do not.
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Anonymous Coward, 10 Jan 2018 @ 10:03am

Re: Re:

On the plus side the police were keeping them safe. I mean there is no where safer than sitting in the middle of a room surrounded by police with assault weapons right?

I don't know, maybe we should ask [Andrew Finch] (https://www.techdirt.com/articles/20141004%2F15443628731/swat-team-raids-house-kills-homeowner-beca use-criminal-who-burglarized-house-told-them-to.shtml). He probably would be able to tell us how safe it is to be surrounded by police with assault rifles.
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An Onymous Coward (profile), 10 Jan 2018 @ 10:32am

Re: Re: So what if a few guilty persons are let off rather than one innocent convicted?
> Just take a look at that phrase next time you're cheering (as will be soon) when drug mules and motorcycle thieves are let off.

That's precisely how our legal system is supposed to work. If your crime cannot be proven beyond reasonable doubt then you are set free. It is better to set many criminals free than to imprison a single innocent.

Our nation would be well served to remember that.
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An Onymous Coward (profile), 10 Jan 2018 @ 10:35am

Re: Re: Re: Re:
A large portion of the blame, perhaps the vast majority, rests with the police unions.
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ECA (profile), 10 Jan 2018 @ 12:23pm

what test??
What ways are they TOLD to test things...EASILY??

This is difficult to explain..
TASTE IT,
SMELL IT..

Anyone that has ANY experience with GARDENING/DRINKING TEA-Coffee/or MJ...

I really get a feeling that NONE of those police officers, knew anything about ANYTHING.
Conclusion..ITS GREEN, ITS LEAFY..ITS MJ..(anyone want to grind some poison oak and throw it in the garbage?)
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ECA (profile), 10 Jan 2018 @ 12:32pm

Re: Makes sense
How about,
Police investigating ANYTHING, but have no idea of Dried Material like LEAFS from any plant..
OR HOW they small..Dry or damp..
HOW about take a taste?
HOW about Ignite a small amount and SEE what it smalls like..

Its as if these guys were in Hazmat suits and could not do any other validation..
What Bubble were this people Raise and TRAINED IN??
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Personanongrata, 10 Jan 2018 @ 3:28pm

Ignorance is Strength*
A jury has shrugged its shoulders in response to a farcical effort by local publicity hounds/drug warriors to score a 4/20 marijuana bust, only to end up with a handful of garden supplies and violated rights.

Evidently Robert and Addie Harte's peers have never had their Rights trampled while being held at gun point for hours for the temerity of throwing tea leaves in their trash bin.

Unfortunately as human nature has repeatedly shown John Dalberg-Acton, 1st Baron Acton was correct:

There are two things which cannot be attacked in front: ignorance and narrow-mindedness. They can only be shaken by the simple development of the contrary qualities. They will not bear discussion. ~ Letter (23 January 1861), published in Lord Acton and his Circle (1906) by Abbot Francis Aidan Gasquet, Letter 74

https://en.wikiquote.org/wiki/John_Dalberg-Acton,_1st_Baron_Acton

* George Orwell

http://humansarefree.com/2013/01/what-means-war-is-peace-freedom-is.html
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Anonymous Coward, 10 Jan 2018 @ 5:08pm

Re: Oh, a down side of technicalities, eh?
So... now that My_Name_Here is off thinking up a smart-ass nickname, you have to pick up his slack for copsucking, too?

The people who "escaped justice" in this case were completely innocent to begin with. Your heroes in law enforcement fucked up. If cheering the freeing of innocents rustles your jimmies that badly, it says a lot about you.

But we already know that you just hate it when due process is enforced.
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Digitari, 10 Jan 2018 @ 5:20pm

How odd
The police have drug test kits that fail yet the rounds in their guns never seem too.

Maybe they should get bullets from the same folks that make the drug tests..??
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Anonymous Coward, 10 Jan 2018 @ 9:22pm

Re: Re: Re: Re: Re: Makes sense
Scoff laws everywhere are really afraid of political mouth pieces.
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Anonymous Coward, 10 Jan 2018 @ 9:24pm

Re: Re: Re:
There's no way the post to which you replied was sarcasm.
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Anonymous Coward, 11 Jan 2018 @ 4:04am

Re: Oh, a down side of technicalities, eh?
Guess what? Criminals use the roads. I hear they also eat food, breathe oxygen, use the toilet, and generally are the medium for the exchange of various resources and energies.

Fuck me, but you are dumb. You are irreparably dumb.
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The Wanderer (profile), 11 Jan 2018 @ 6:23am

Re: Re: Oh, a down side of technicalities, eh?
I think the idea behind his using that quote is that the police officers are guilty, but went free without punishment.
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Fencepost, 11 Jan 2018 @ 7:51am

"Inexperienced, Incompetent or Stupid? You decide!"
I wonder what the outcome would be of someone print up a billboard asking that question about the members of the Sheriff's department. It sounds like all the needed evidence to protect against libel claims is right there in the legal record. Inexperienced? "Had never seen loose tea before." Incompetent and/or stupid? Not reading directions that are probably at a sixth grade reading level and not realizing that false positives were possible.
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ECA (profile), 11 Jan 2018 @ 12:10pm

Re:
dRUGS ARE BAD??

Then dont take them..
I can see someone throwing out Vitamins, and the cops test them and they ID Meth..
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ECA (profile), 11 Jan 2018 @ 12:17pm

Re: Ignorance is Strength*
The problem here is THEIR LAWYER...

He only let them file that the Police LIED..
ANd he couldnt PROVE it.

He could show Any other way to ID the product..
He could PROVE the test was faulty..
HE could Prove that the training was WRONG..

HE could have TRIED to prove that a 20 year veteran, SHOULD have other ways to examine the Product.. OR that he did NOT follow procedure..by sending it in to be evaluated PROPERLY..Give me <5 min and I could tell you...EASY.

BUT he did not file it to PROVE anything..I would Sue the lawyer.
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ECA (profile), 11 Jan 2018 @ 2:44pm

Re: How odd
I would love that..
Ammo from the same source as the drug tests...
90% chance of failure..
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BernardoVerda (profile), 11 Jan 2018 @ 4:13pm

Re: Makes sense
So... Ignorance is an excuse -- if you're on the right side of the badge?
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Anonymous Coward, 11 Jan 2018 @ 4:59pm

Re: Re: Oh, a down side of technicalities, eh?
I think the funniest part about all this is that if his plan does go ahead and all the lawyers are killed, copyright law wouldn't get enforced at the level he sees.

Blue boy really doesn't like to think things through.
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