By Darren Smith, Weekend Contributor
There are some cases where probable cause is questioned and there are a few others that leave me shaking my head in disbelief of how ridiculous some officers can be.
The Tenth Circuit Court of Appeals recently handed down a stinging rebuke of the Johnson County Sheriff’s Office and its deputies some of whom, Plaintiffs claim, lied about a field test of a suspected Marijuana product, finding evidence of marijuana grow derived from purchasing tools at a gardening retailer somehow established probable cause sufficient to send in a SWAT team to execute a search warrant and detain a couple for several hours.
The leafy green vegetable matter in question was not marijuana but tea leaves.
It is a classic example of department officials promising to make a publicity garnering drug sweep and when arrests are not made, someone must be sent to jail at all costs. And as can often be the case with such maligned efforts the end result was a civil rights lawsuit in federal court.
Continue reading “Tenth Circuit Strips Qualified Immunity After Sheriff’s Office Raids Home Of Tea Growers” →