Warrant: Police Raided Apt. for Two Legal Pot Plants Based Only on Smell of Pot and Fan in Window

[Newsjock]

Source: The Stranger

Full original headline: Seattle Police Raided Apartment for Two Legal Pot Plants Based Only on Smell of Pot and Fan in Window, Search Warrant Shows

The Stranger has obtained a copy of the search warrant Seattle police used to conduct an armed raid on Monday—replete with submachine guns, full tactical gear, and a battering ram—on a man who was legally cultivating two marijuana plants for medical reasons. Records filed in King County Superior Court show that police had every indication the grow was small, no evidence that were sales involved, no electricity records that would show a large operation, and no suggestion of any other potentially illegal activity.

The ACLU of Washington is calling Monday's conduct "unacceptable."

The affidavit making the case that there was probable cause for a search was filed by SPD Officer Tyrone Davis, a narcotics detective who has conducted “over 100 buy bust operations." Davis and his sergeant visited the four-plex apartment inhabited by 50-year-old Will Laudanski in Seattle’s Leschi neighborhood on October 13, acting on “a citizen complaint that wished to remain anonymous in police reports,” the warrant says. The citizen, who lived nearby, reported the smell of marijuana coming from the apartment and said there was a fan in a boarded-up window in one corner of the unit. The officers confirmed the boarded up window and the fan during the visit, the affidavit continues, suggesting part of a ventilation system typical of indoor marijuana cultivation. He could also smell marijuana near the apartment’s south window. Upon getting closer, “I could smell this odor even stronger as I placed my nose near the window,” he writes. “It was clear to me that an odor of marijuana was coming from behind that window.”

In other words, SPD had every indication that this was a small garden—it was in an apartment, after all. And the smell was faint enough that the officer “placed (his) nose near the window” to confirm the odor. Large marijuana grows are in houses or warehouses, and often pungent enough to smell distinctly from the street.

... The warrant shows no items were seized—meaning there was nothing illegal on the property.

Read more: http://slog.thestranger.com/slog/archives/2010/10/27/search-warrant-shows-police-raided-apartment-based-only-on-smell-of-pot-fan-in-window

[bemildred]

1. Everybody is worried about job security these days. nt

[thunder rising]

2. who has conducted “over 100 buy bust operations." ... and yet the world is no safer

or better put, there is obviously job security 'cause it ain't go'in away.

[SheilaT]

3. Here in Santa Fe a week or two ago

a local elementary school was raided. They found tomato plants. I kid you not. They even brought in aerial support.

Here's a link, because no sensible person would believe this:
http://www.santafenewmexican.com/localnews/Pot-raid-at-school-turns-up-tomatoes

[bemildred]

4. Right, and these clowns are "protecting" us. nt

[pattmarty]

5. What is needed in most areas are LESS police. We have been.......

...........fed a bunch of bullshit about needing more and more police when the statistics on major crimes show them decreasing. A lot of these cops are as dumb (and corrupt) as a bunch of fucking rocks anyway. Lay the motherfuckers off, and they can try to get a "real" job.

[Proletariatprincess]

7. So true, that.

I have been saying that for years now.
If a crime has been committed, dozens of cops show up after the fact and just hang out and chat with their buddys and drink coffee...or whatever. A whole street will be blocked off as squad cars park anywhere they please. That is our tax dollars at work. It is a joke. Cops don't have enough to do because there are too many of them. They get bored too and act inappropriately...often with weapons. Cops cant be trusted anymore and I don't feel safe when they are around. I fear them as much as I do the criminal element so I can't envision ever calling 911 for police protection.

[reggie the dog]

12. the usa must be horrible now

i was on strike today in france and a whole group of off duty cops were demonstrating with us carrying their union signs! hell off duty soldiers were protesting with us!

[SheilaT]

18. While I have not had any personal

experience with crime, lucky me, I hear lots and lots of complaints pretty much everywhere about how long it can take police to respond to a 911 call. I'm not that certain there's an overabundance of cops in very many places. Maybe they're not well utilized, or are inefficient at what they do, but too many of them?

[givemebackmycountry]

6. Hey! That guy's smoking some marra-juanny!

"Get 'em!"

Jesus, doesn't anyone understand the fucking word "common sense" any more?

[reggie the dog]

13. that scene is from the blues brothers isnt it?

[Blue_Tires]

15. yes...

the greatest scene from the greatest movie!

[reggie the dog]

17. as someone born in chicago in 1979 and

raised their until 2003 i could not agree more :)

my favorite line

"they got their god damned permit to march!"

"who?"

"the god damned nazi party"


"i hate illinois nazis"

i can still hear the motor of the old dodge as the nazis jumped into the pond!

[lunasun]

8. replete with submachine guns, full tactical gear, and a battering ram

your taxe$ Seattle at work!
complain about raid costs if u live there you payed for it

[truthisfreedom]

9. To be fair, they didn't have much choice but to confront him. Too bad they used so much

potential force.

[reggie the dog]

14. why didnt they have a choice???

marijuana is legal for medecine, the man was not breaking any washington state laws

[NYC Liberal]

10. The militarization of the police at work.

"submachine guns, full tactical gear, and a battering ram"

Police dress up like soldiers, start training like soldiers, then citizens become the "enemy." (Funny how so many cops refer to citizens as "civilians" when they themselves are civilians as well.)

[McCamy Taylor]

11. It's easier than working.

[Blue_Tires]

16. from the archives:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=102x3057177#3057367