Garretson & Toth, LLC Articles Marijuana Raid Turns to Lawsuit in Kansas

Marijuana Raid Turns to Lawsuit in Kansas

By Garretson, Webb & Toth, LLC  May. 10, 2013 11:35a

A Kansas couple who live in Leawood were subjected to a questionable search and seizure action by deputies from the Johnson County Sheriff’s office looking for marijuana last year. The raid produced nothing other than a civil action brought by the couple, who say their civil rights were violated. The couple and their children were growing tomatoes and squash in their basement. The incident started when the husband was spotted in a local hydroponics store by a Missouri Highway Patrol officer who later relayed this information to the Sheriff’s department. Deputies then spent three separate days going through the family’s trash looking for evidence of marijuana. After finding some wet stems and leaves which they said “field tested positive” for marijuana, a search warrant was obtained.

The search warrant led to the fruitless raid. Later, the “evidence” which led to the search warrant was retested by a different lab and found to be harmless. Apparently, the false evidence had been created by contamination from the field testing kits themselves. The couple, who are former CIA employees, are now suing to get more information as to why they were improperly targeted and put through an ordeal that never should have happened. They maintain that no real basis existed for the incident and that shopping at a local hydroponics store, which caters to local organic gardeners, was their only “crime.”

Criminal Defense in Olathe, Kansas

As seen by the above-mentioned story, law enforcement agencies can get overzealous in their efforts to find and prosecute those who violate the law. Without probable cause, however, these efforts can backfire. Anyone accused of a drug crime, or any other criminal offense, may or may not have committed the act which is why the judicial system exists. For those criminally accused, getting proper and trusted legal representation may be one of the most important factors in the case.

The criminal defense firm of Garretson, Webb & Toth, LLC has over 60 years of combined legal experience with backgrounds as Assistant District Attorneys. Because the firm’s attorneys spent decades as prosecutors themselves before turning to criminal defense, they have a keen insight into how cases are developed by state and federal prosecutors. They have also developed extensive knowledge and skills by having worked in former DA special units involving drug crimes, sex crimes, white collar crimes, and more. To take advantage of the outstanding legal abilities available at this firm, contact their offices for a free consultation concerning your criminal arrest or investigation.

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