Swat raid Kansas home. Couple spends $25k to find out why.

[planetdoc]

http://www.kshb.com/news/local-news/...o-familys-home

Full story at the link. Summary with excerpts below.

SWAT raids a leawood couples home with guns drawn. Put them and their young kids on their couch. Find nothing illegal, and seize nothing. Kansas law prevents them from finding out why they were raided.

After the raid, the couple thought they could access public records to find out why law enforcement suspected drugs were in their home. They told 41 Action News they were shocked to find out they could not access any of those records under Kansas law.

Turns out they were raided because they made a LEGAL purchase from a Legal buisness that was under LEO observation.

Records show on Aug. 9, 2011, a Missouri Highway Patrol trooper observed a man leaving the Green Circle hydroponics store in Kansas City, Mo., in a KIA with his children and a small bag.

Bob said he had been to the store to get supplies for a science project he was working on with his son: a basement hydroponic garden.

LEO performed field tests of tea leaves in the couples trash, prior to the swat raid, that was a false positive for marijuana. They only sent those samples in to the crime lab AFTER the swat raid that indicated they did not contain any illegal substances.

The embarrassing misstep for deputies would have remained hidden if the Hartes had not had the means to spend money to gain access to the records. The family has also been contacted by people across Kansas trying to figure out how to access records about themselves. Addie said many of the people who have reached out to her do not have the same resources financially to fight to get records released.

“This not what justice in the United States is supposed to be. You shouldn't have to have $25,000, even $5,000. You shouldn't have to have that kind of money to find out why people came raiding your house like some sort of police state,” Addie Harte said.

[Gonzo]

They didn't find jack shit in the trash, I doubt they even looked.

[Gonzo]

Originally Posted by jiveturkey

KS is going full on crazy with regards to police policy...

Kansas House Bill Aims To Prevent Anonymous Complaints Against Police

http://www.ibtimes.com/kansas-house-...police-1562385

A two-page legislation viewed as a bill legalizing police retaliation has been introduced in a Kansas House committee and will probably have some residents thinking twice about filing complaints of misconduct against law enforcement officials.

If House Bill 2698 is enacted into law, anonymous complaints against police officers will no longer be acceptable. Moreover, how law enforcement agencies conduct internal investigations could change.

The bill, which was introduced by the House Committee on Corrections and Juvenile Justice, would require that members of the public sign a sworn affidavit to acknowledge that they would be subject to criminal prosecution if their complaint proves false. But that’s not all: the officer being accused won’t be required to answer questions pertaining to the complaint until s/he is given a copy of the document and the related evidence. If no evidence of misconduct is found, then another law enforcement agency won't be allowed to open a separate investigation into the complaint.

Yet, the bill states that nothing contained in it should “discourage legitimate complaints or prevent a law enforcement agency from investigating a complaint made against a law enforcement officer.” Representatives from the committee didn't respond to a request for an interview.

Under the state’s current law, enforcement agencies are required to review all complaints, even anonymous ones. The proposed legislation is already being dubbed a “legalize police retaliation” measure and is being opposed by law enforcement officers and members of the National Association for the Advancement of Colored People, the Wichita Eagle reports.

The newspaper said that Sedgwick County Sheriff Jeff Easter and other law enforcement officials have told lawmakers in the House Transportation and Public Safety Budget Committee that such a legislation would not only obstruct their ability to conduct internal investigations but also raise the level of public distrust for police.

“The sheriff’s office investigates numerous criminal cases, and we do not provide these materials to the interviewee prior the interview,” Easter said. “Thus I do not believe in providing deputies with evidence prior to the interview on alleged misconduct.”

Attorney Sean McCauley, who represents both the Kansas State Troopers Association and the Kansas chapter of the Fraternal Order of Police, testified on behalf of the proposal, saying that the bill isn’t shielding “bad cops,” just “protecting good cops from bad complaints.”

In the eyes of some attorneys outside the state, House Bill 2698 is simply bad policy.

Mike Nisperos, a retired state and federal attorney who has served on both sides of the courtroom in Guam, the U.S. mainland, and in the military, said after reading the bill that its clear purpose is to discourage people from filing complaints.

Nisperos said sworn affidavits aren’t required to initiate a murder investigation or any other criminal investigation. They also aren’t needed to take adverse administrative actions against other civil servants and aren’t required against members of the military “who have a much more dangerous job than the cop on the street,” he added.

Critics of the bill argue that government policies should encourage the public to weed out public servants who aren’t performing up to standard.

“While police officers can have danger in their jobs that does not mean they should have unusual protections against the criticisms of the communities they serve,” said Nisperos, who has served as director of the Oakland Citizens’ Police Review Board. “The thin blue line seems to be getting wider and wider when politicians allow themselves to be dominated and intimidated by police unions. They begin to look more like organized crime-controlled Teamster unions.

“Filing false complaints should be discouraged but not by a means that has a chilling effect on those who would file legitimate complaints,” he added.

Citizen-funded news website Kansas Exposed has reported that some individuals in Wichita already fear making complaints to their police department.

No shit? What a "shocker" there. Lol
I got ticketed for window tint in Butler county about 13 years ago , took it to court and won. The sheriff followed me out and threatened me with harassment if I ever drove thru Augusta again. I told him I had no plans to drive through there again and that he could goose-step his troops all over someone else.

We had an issue in Sarpy County a few years ago when a reporter tried doing an anonymous complaint. The cops actually locked his ass up when he refused to give them his name.
People retired after that one.

[Bweb]

This was the first thing I thought of.........

[Chief Roundup]

Wow and you people want to make fun of other states.

[Pitt Gorilla]

Originally Posted by jiveturkey

KS is going full on crazy with regards to police policy...

Kansas House Bill Aims To Prevent Anonymous Complaints Against Police

http://www.ibtimes.com/kansas-house-...police-1562385

A two-page legislation viewed as a bill legalizing police retaliation has been introduced in a Kansas House committee and will probably have some residents thinking twice about filing complaints of misconduct against law enforcement officials.

If House Bill 2698 is enacted into law, anonymous complaints against police officers will no longer be acceptable. Moreover, how law enforcement agencies conduct internal investigations could change.

The bill, which was introduced by the House Committee on Corrections and Juvenile Justice, would require that members of the public sign a sworn affidavit to acknowledge that they would be subject to criminal prosecution if their complaint proves false. But that’s not all: the officer being accused won’t be required to answer questions pertaining to the complaint until s/he is given a copy of the document and the related evidence. If no evidence of misconduct is found, then another law enforcement agency won't be allowed to open a separate investigation into the complaint.

Yet, the bill states that nothing contained in it should “discourage legitimate complaints or prevent a law enforcement agency from investigating a complaint made against a law enforcement officer.” Representatives from the committee didn't respond to a request for an interview.

Under the state’s current law, enforcement agencies are required to review all complaints, even anonymous ones. The proposed legislation is already being dubbed a “legalize police retaliation” measure and is being opposed by law enforcement officers and members of the National Association for the Advancement of Colored People, the Wichita Eagle reports.

The newspaper said that Sedgwick County Sheriff Jeff Easter and other law enforcement officials have told lawmakers in the House Transportation and Public Safety Budget Committee that such a legislation would not only obstruct their ability to conduct internal investigations but also raise the level of public distrust for police.

“The sheriff’s office investigates numerous criminal cases, and we do not provide these materials to the interviewee prior the interview,” Easter said. “Thus I do not believe in providing deputies with evidence prior to the interview on alleged misconduct.”

Attorney Sean McCauley, who represents both the Kansas State Troopers Association and the Kansas chapter of the Fraternal Order of Police, testified on behalf of the proposal, saying that the bill isn’t shielding “bad cops,” just “protecting good cops from bad complaints.”

In the eyes of some attorneys outside the state, House Bill 2698 is simply bad policy.

Mike Nisperos, a retired state and federal attorney who has served on both sides of the courtroom in Guam, the U.S. mainland, and in the military, said after reading the bill that its clear purpose is to discourage people from filing complaints.

Nisperos said sworn affidavits aren’t required to initiate a murder investigation or any other criminal investigation. They also aren’t needed to take adverse administrative actions against other civil servants and aren’t required against members of the military “who have a much more dangerous job than the cop on the street,” he added.

Critics of the bill argue that government policies should encourage the public to weed out public servants who aren’t performing up to standard.

“While police officers can have danger in their jobs that does not mean they should have unusual protections against the criticisms of the communities they serve,” said Nisperos, who has served as director of the Oakland Citizens’ Police Review Board. “The thin blue line seems to be getting wider and wider when politicians allow themselves to be dominated and intimidated by police unions. They begin to look more like organized crime-controlled Teamster unions.

“Filing false complaints should be discouraged but not by a means that has a chilling effect on those who would file legitimate complaints,” he added.

Citizen-funded news website Kansas Exposed has reported that some individuals in Wichita already fear making complaints to their police department.

That is insane.

[Beef Supreme]

And when a homeowner reacts to the large men waving guns and yelling as they bust down the door, the cops shoot him, and the cops here on CP tell me how it was justified because they feared for their life.

[planetdoc]

slight twist in the story. couple who got raided are both ex-CIA.
http://www.kctv5.com/story/23951053/...for-swat-style

They said two innocent activities occurring at the same time led to the false conclusions. Robert Harte wanted to grow a small indoor garden for a class project with his son, and his wife liked to brew high-end tea with loose leaves.

--------------------
I am a tea snob.
I really like high-end loose leaf tea.

[DMAC]

Kansas is like a big religious barb wire fence standing in the way of driving to Colorado.

[Perineum Ripper]

Ok I am not a drug dealer or really that up to date on how they all look..but do tea leaves and weed leaves look that much alike

[philfree]

Originally Posted by BigChiefTablet

And when a homeowner reacts to the large men waving guns and yelling as they bust down the door, the cops shoot him, and the cops here on CP tell me how it was justified because they feared for their life.

They would have been within their rights to kill every cop that entered their home. It wouldn't have turned out very good for'em but they would have been within their rights.


Truth is that at any time the authority's can jerk any one of us out of our lives and do what ever they want to us with no recourse. We're free just as long as we don't get to far out of line.

[KC native]

Originally Posted by philfree

They would have been within their rights to kill every cop that entered their home. It wouldn't have turned out very good for'em but they would have been within their rights.


Truth is that at any time the authority's can jerk any one of us out of our lives and do what ever they want to us with no recourse. We're free just as long as we don't get to far out of line.

Totally incorrect. The second they identify themselves (like when they say "Police! Search Warrant!" as they break down the door), you have no right to start shooting.

[KC native]

Originally Posted by mac459

Ok I am not a drug dealer or really that up to date on how they all look..but do tea leaves and weed leaves look that much alike

Nope they don't look alike at all. The "trained" officers should have recognized the difference.

[philfree]

Originally Posted by KC native

Totally incorrect. The second they identify themselves (like when they say "Police! Search Warrant!" as they break down the door), you have no right to start shooting.

Did they have a warrant?

[Lzen]

Everyone is saying sue Kansas but the initial raid was conducted by the Johnson County Sheriff's office. I'd say if you're gonna sue, start there.

And WTF was this about?

The Missouri Highway Patrol didn’t turn over the information to Johnson County authorities until March 20, 2012—seven months after the initial tip was observed. The records contain no information about why MHP waited so long to contact Johnson County law enforcement and no information about what triggered them handing over this information.

[hometeam]

Originally Posted by KC native

You would be surprised at some of the stuff that police have gotten warrants for because of stuff people have put in the trash.

I get the sentiment, but im talking about real life situation. There is no chance pot ends up in a trashcan unless some mom has confiscated it from her 16 year old, and even then you know the kid or his buddies would scoop it right back out~