Topic: Who needs probable cause?
Lynann's photo
Sat 12/06/08 03:09 PM
Here is an interesting story.

Gotcha!

Radley Balko | December 6, 2008, 1:28pm

Like Mark Draughn, I've been somewhat skeptical of Barry Cooper, the former drug cop turned pitchman for how-to-beat-the-cops videos. He comes off as more of a huckster than a principled whistle-blower, which I think does the good ideas he stands for (police reform) more harm than good.

But damn. I have to hand it to him. This might be one of the ballsiest moves I've ever seen.

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.

To clarify just a bit, according to Cooper, there was nothing illegal going on the bait house, just two evergreen trees and some grow lamps. There was no probable cause. So a couple of questions come up. First, how did the cops get turned on to the house in the first place? Cooper suspects they were using thermal imaging equipment to detect the grow lamps, a practice the Supreme Court has said is illegal. The second question is, what probable cause did the police put on the affidavit to get a judge to sign off on a search warrant? If there was nothing illegal going on in the house, it's difficult to conceive of a scenario where either the police or one of their informants didn't lie to get a warrant.

Cooper chose the Odessa police department for baiting because he believes police there instructed an informant to plant marijuana on a woman named Yolanda Madden. She's currently serving an eight-year sentence for possession with intent to distribute. According to Cooper, the informant actually admitted in federal court that he planted the marijuana. Madden was convicted anyway.

The story's worth watching, not only to see if the cops themselves are held accountable for this, but whether the local district attorney tries to come up with a crime with which to charge Cooper and his assistants. I can't imagine such a charge would get very far, but I wouldn't be surprised to see someone try.

Lynann's photo
Sat 12/06/08 03:12 PM
Oh and then there is this.

From http://www.christianworldviewnetwork.com/article.php/4287/Brannon-%20Howse/By-John-Loeffler

Posted: 12/04/2008

SWAT Team Like Raid by Ohio authorities on a farm house in LaGange



Ohio authorities stormed a farm house in LaGange Monday, December 1, to execute a search warrant, holding the Jacqueline and John Stowers and their son and young grandchildren at gunpoint for nine hours. During the raid the Ohio Department of Agriculture and police confiscated over ten thousand dollars worth of food, computers and cell phones. The Stowers’ crime? They run a private, members-only food co-op.



While state authorities were looking for evidence of illegal activities, the family was not informed what crime they were suspected of, they were not read their rights or allowed to make a phone call. The children, some as young as toddlers, were traumatized by armed officers interrogating the adults with guns drawn.



The Morning Journal, a newspaper serving northern Ohio, reported that the Stowers were believed to be operating without a license. However, the Stowers claim that the food co-op they run does not engage in any activities that would require state licensing.

Friends of the Stowers openly question why such aggressive tactics were necessary to investigate a licensing complaint.



The Ohio Department of Agriculture has apparently been chastised by the courts in previous cases for over-reach, including entrapment of an Amish man to sell raw milk, which backfired, when it became known that the man gave milk instead of selling it to a state undercover agent, refusing to take money for what he believed to be a charitable act. The Amish literally interpret the Gospel of Matthew (5:42) to “give to him that asketh thee, and from him that would borrow of thee turn not thou away.”



The matter has been forwarded to the Lorain County Prosecutor’s Office and the Lorain County General Health District according to Lorain County court records.




Distributed by www.ChristianWorldviewNetwork.com

adj4u's photo
Sat 12/06/08 03:31 PM

Oh and then there is this.

From http://www.christianworldviewnetwork.com/article.php/4287/Brannon-%20Howse/By-John-Loeffler

Posted: 12/04/2008

SWAT Team Like Raid by Ohio authorities on a farm house in LaGange



Ohio authorities stormed a farm house in LaGange Monday, December 1, to execute a search warrant, holding the Jacqueline and John Stowers and their son and young grandchildren at gunpoint for nine hours. During the raid the Ohio Department of Agriculture and police confiscated over ten thousand dollars worth of food, computers and cell phones. The Stowers’ crime? They run a private, members-only food co-op.



While state authorities were looking for evidence of illegal activities, the family was not informed what crime they were suspected of, they were not read their rights or allowed to make a phone call. The children, some as young as toddlers, were traumatized by armed officers interrogating the adults with guns drawn.



The Morning Journal, a newspaper serving northern Ohio, reported that the Stowers were believed to be operating without a license. However, the Stowers claim that the food co-op they run does not engage in any activities that would require state licensing.

Friends of the Stowers openly question why such aggressive tactics were necessary to investigate a licensing complaint.



The Ohio Department of Agriculture has apparently been chastised by the courts in previous cases for over-reach, including entrapment of an Amish man to sell raw milk, which backfired, when it became known that the man gave milk instead of selling it to a state undercover agent, refusing to take money for what he believed to be a charitable act. The Amish literally interpret the Gospel of Matthew (5:42) to “give to him that asketh thee, and from him that would borrow of thee turn not thou away.”



The matter has been forwarded to the Lorain County Prosecutor’s Office and the Lorain County General Health District according to Lorain County court records.




Distributed by www.ChristianWorldviewNetwork.com



less than 20 miles from where i grew up

and yes lorian county is notoriously corrupt

even suspected murder of a lawsuit lfiler against medina county high ranking deputy sheriff back in the 70s

ruled a case of russian roulette (i think not)




martymark's photo
Sat 12/06/08 06:39 PM
They all suck (kops), except the one that saved my life one time!