Federal judge: Drinking tea, shopping at a gardening store is probable cause for a SWAT raid on your home

The investigation leading to the raid began at least seven months earlier, when Robert Harte and his son went to a gardening store to purchase supplies to grow hydroponic tomatoes for a school project. A state trooper had been positioned in the store parking lot to collect the license plate numbers of customers, compile them into a spreadsheet, then send the spreadsheets to local sheriff’s departments for further investigation. Yes, merely shopping at a gardening store could make you the target of a criminal drug investigation.

More than half a year later, the Johnson County Sheriff’s Department began investigating the Hartes as part of “Operation Constant Gardener,” basically a PR stunt in which the agency conducts multiple pot raids on April 20, or “4/20.” On several occasions, the Sheriff’s Department sent deputies out to sort through the family’s garbage. (The police don’t need a warrant to sift through your trash.) The deputies repeatedly found “saturated plant material” that they thought could possibly be marijuana. On two occasions, a drug testing field kit inexplicably indicated the presence of THC, the active drug in marijuana. It was on the basis of those tests and Harte’s patronage of a gardening store that the police obtained the warrant for the SWAT raid.

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