Cops Raid a House to Find Christmas Trees Under a Grow Light: Where’s the Probable Cause Now?

[Are_grits_groceries]

Barry Cooper is a former policeman who now sells DVDs on how not to get busted on drug charges. While I find this approach sort of dubious, his latest "cop-baiting" stunt is quite intriguing: did he show that the police in Odessa, Texas were using illegal means to raid homes?

KopBusters rented a house in Odessa, Texas and began growing two small Christmas trees under a grow light similar to those used for growing marijuana. When faced with a suspected marijuana grow, the police usually use illegal FLIR cameras and/or lie on the search warrant affidavit claiming they have probable cause to raid the house. Instead of conducting a proper investigation which usually leads to no probable cause, the Kops lie on the affidavit claiming a confidential informant saw the plants and/or the police could smell marijuana coming from the suspected house.

The trap was set and less than 24 hours later, the Odessa narcotics unit raided the house only to find KopBuster’s attorney waiting under a system of complex gadgetry and spy cameras that streamed online to the KopBuster’s secret mobile office nearby.

The attorney was handcuffed and later released when eleven KopBuster detectives arrived with the media in tow to question the illegal raid. The police refused to give KopBusters the search warrant affidavit which is suspected to contain the lies regarding the probable cause.

http://www.neatorama.com/2008/12/07/cops-raid-a-house-to-find-christmas-trees-under-a-grow-light-wheres-the-probable-cause-now/

Call Billo! It's war on Xmas!
Actually it's war on rights.

[RainDog]

1. I'm really glad someone is doing this

we need these sorts of corrections. now.

simply because they are doing this, their actions will help protect the rights of others.

[wroberts189]

17. I would like it to become a nightly tv show 7-8pm :) n/t

[ZombieHorde]

2. So awesome. K&R&B

[panader0]

3. Gotta rec this story.

[gristy]

4. lots of ongoing discussion and recs here

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x4603384

and here http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=385x247962

and here http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x4602068

[On the Road]

5. Arrested?!!?

What was the charge?

[unblock]

6. stop the war on christmas!!!

:evilgrin:

[John Q. Citizen]

13. Word!

[Locrian]

7. dude...

Just then a policeman stepped up to me and asked us said,
`Please, hey, would we care to all get in line,
Get in line.`
Well you know,
They asked us to stay for tea and have some fun,
Oh, oh, he said that his friends would all drop by, ooh.

[izquierdista]

8. Where can I donate?

This KopBusters group needs to go nationwide, NOW! Until they can support themselves solely from judgments won on false arrest cases, they need to be supported in every community that has been burdened with illegal police tactics (which would be all of them, from what I've seen).

[GrantDem]

9. YouTube video of the raid

http://www.youtube.com/watch?v=EHmP_KtmcB4

[MelissaB]

14. Thanks so much!

:hi:

[wroberts189]

10. There is a tape of the raid on youtube..

You can hear the cops say "we were set up"

yep... you were busted.

[murielm99]

11. A few years ago, we had a bust in my small community

that became a big joke.

The guy who was busted was a landscaper and horticulturist. He owned an empty building. He was growing bedding plants under grow lights in the lower level of the building. Anyone who looked in the windows could see that. The cops staged a very showy late-night raid. It was later termed "The Marigold Bust."

The police chief lost his job. That was not the only reason, but it didn't help. People are still laughing about The Marigold Bust.

[47of74]

12. We need cops who will avoid the fascist and/or cowboy tendencies of their peers.

[jaksavage]

20. Simple rule.

If you want to be a cop, you can't.

[RainDog]

15. growing marigolds can lead to harder plants

...to cultivate... which apparently would not include a plant nicknamed "weed."

I'm glad I didn't get busted when I started a bunch of sunflowers and borage a few years back...

[MountainLaurel]

16. In our area, it was an elderly woman growing tomatoes

Town cops busted through her door of her trailer with guns drawn.

[Selatius]

18. I hope the police get a healthy serving of humble pie and a huge lawsuit on top. nt

[Blue Gardener]

19. I have friends who grow orchids

And they must use grow lights for the orchids to survive. You really have to keep an eye on these people, you never know what else they might decide to grow. Herbs? Vegetables? Christmas Cactus?

[progressoid]

21. It starts with a little blue spruce,

before you know it you're plunking down a couple hundred bucks for a Weeping Chaparral Mulberry or a Regal Prince Oak.

[bobd0]

22. They recently busted a guy here in NJ for growing under much the same conditions

The guy was sentenced to A NINE YEAR PRISON SENTENCE. That's ridiculous. This has got to stop. We're maintaining a criminal justice system that ignores violent crime and incarcerates pot smokers. We're filling prisons with non-violent offenders while gang bangers roam the streets seemingly at will. And we're allowing criminal elements to profit from the sale of pot when legalization with alcohol-like laws controlling the use and taxation of pot could easily wipe out most state deficits overnight.

This country really has it all ass backwards.

Edit to add

I found the story at NJ.com. It was six years, not nine. I always seem to invert those two numbers for some reason. :)

http://www.nj.com/starledger/stories/index.ssf?/base/news-11/1226554020282570.xml&coll=1

Prison term for marijuana grower
Thursday, November 13, 2008
TIMES OF TRENTON

An admitted Trenton marijuana grower who was arrested after investigators tracked him from a Bucks County, Pa., store known for selling hydroponic supplies was sentenced to six years in prison yesterday.

Richard Hughes, 26, pleaded guilty in October to a first-degree charge of maintaining a marijuana facility after 31 pot plants were found at his Revere Avenue apartment.

After following Hughes from the store, New Jersey State Police investigators checked to see if his home was using large amounts of electricity. The marijuana plants were found and Hughes was ar rested after a subsequent search of the apartment June 10.

Defense lawyer Nancy Garza told Superior Court Judge Gerald Council many people had written letters attesting to Hughes' character. Also, Hughes had participated in a drug treatment program and computer training while in custody, she said.

His sister wrote that he was not a bad guy, just someone who made some wrong decisions, Garza said. Council said he had read the letters.

Hughes told Council he started smoking marijuana at 15 and be came addicted.

"Marijuana destroyed my life when I thought it was helping it," Hughes said. The plants found at his apartment were for his personal use, he said.

Deputy Attorney General Rus sell Curley agreed Hughes had not been selling the drug to others.

Hughes must serve at least two years before he can be released.

[Quantess]

23. Lookie me cops, I'm wearing a marijuana necklace!

Better arrest me now before I smoke it!

:rofl::rofl: :rofl: :rofl: