• Home
  • Mail
  • Flickr
  • Tumblr
  • News
  • Sports
  • Finance
  • Entertainment
  • Lifestyle
  • Answers
  • Groups
  • More
Yahoo
    • Skip to Navigation
    • Skip to Main Content
    • Skip to Related Content

    Kansas couple: Indoor gardening prompted pot raid

    HEATHER HOLLINGSWORTH
    ,
    Associated Press•March 30, 2013
    • Bob Harte stands next to his now shut down indoor garden in the basement of his home in Leawood, Kan., Friday, March 29, 2013. Harte and his wife Adlynn, who are former CIA employees, sued this week to get more information about why sheriff's deputies searched their home in the upscale Kansas City suburb last April 20 as part of Operation Constant Gardener — a sweep conducted by agencies in Kansas and Missouri that netted marijuana plants, processed marijuana, guns, growing paraphernalia and cash from several other locations. (AP Photo/Orlin Wagner)
    • Addie and Bob Harte share photos from the day of a police raid on their home in Leawood, Kan., Friday, March 29, 2013. The Hartes, who are former CIA employees, sued this week to get more information about why sheriff's deputies searched their home in the upscale Kansas City suburb last April 20 as part of Operation Constant Gardener — a sweep conducted by agencies in Kansas and Missouri that netted marijuana plants, processed marijuana, guns, growing paraphernalia and cash from several other locations. (AP Photo/Orlin Wagner)
    • Bob Harte demonstrates where police held him from their raid on his home last April in Leawood, Kan., Friday, March 29, 2013. Harte and his wife Adlynn, who are former CIA employees, sued this week to get more information about why sheriff's deputies searched their home in the upscale Kansas City suburb last April 20 as part of Operation Constant Gardener — a sweep conducted by agencies in Kansas and Missouri that netted marijuana plants, processed marijuana, guns, growing paraphernalia and cash from several other locations. (AP Photo/Orlin Wagner)
    1 / 5
    Bob Harte stands next to his now shut down indoor garden in the basement of his home in Leawood, Kan., Friday, March 29, 2013. Harte and his wife Adlynn, who are former CIA employees, sued this week to get more information about why sheriff's deputies searched their home in the upscale Kansas City suburb last April 20 as part of Operation Constant Gardener — a sweep conducted by agencies in Kansas and Missouri that netted marijuana plants, processed marijuana, guns, growing paraphernalia and cash from several other locations. (AP Photo/Orlin Wagner)

    LEAWOOD, Kan. (AP) — Two former CIA employees whose Kansas home was fruitlessly searched for marijuana during a two-state drug sweep claim they were illegally targeted, possibly because they had bought indoor growing supplies to raise vegetables.

    Adlynn and Robert Harte sued this week to get more information about why sheriff's deputies searched their home in the upscale Kansas City suburb of Leawood last April 20 as part of Operation Constant Gardener — a sweep conducted by agencies in Kansas and Missouri that netted marijuana plants, processed marijuana, guns, growing paraphernalia and cash from several other locations.

    April 20 long has been used by marijuana enthusiasts to celebrate the illegal drug and more recently by law enforcement for raids and crackdowns. But the Hartes' attorney, Cheryl Pilate, said she suspects the couple's 1,825-square-foot split level was targeted because they had bought hydroponic equipment to grow a small number of tomatoes and squash plants in their basement.

    "With little or no other evidence of any illegal activity, law enforcement officers make the assumption that shoppers at the store are potential marijuana growers, even though the stores are most commonly frequented by backyard gardeners who grow organically or start seedlings indoors," the couple's lawsuit says.

    The couple filed the suit this week under the Kansas Open Records Act after Johnson County and Leawood denied their initial records requests, with Leawood saying it had no relevant records. The Hartes say the public has an interest in knowing whether the sheriff's department's participation in the raids was "based on a well-founded belief of marijuana use and cultivation at the targeted addresses, or whether the raids primarily served a publicity purpose."

    "If this can happen to us and we are educated and have reasonable resources, how does somebody who maybe hasn't led a perfect life supposed to be free in this country?" Adlynn Harte said in an interview Friday.

    The suit filed in Johnson County District Court said the couple and their two children — a 7-year-old daughter and 13-year-old son — were "shocked and frightened" when deputies armed with assault rifles and wearing bulletproof vests pounded on the door of their home around 7:30 a.m. last April 20.

    "It was just like on the cops TV shows," Robert Harte told The Associated Press. "It was like 'Zero Dark Thirty' ready to storm the compound."

    During the sweep, the court filing said, the Hartes were told they had been under surveillance for months, but the couple "know of no basis for conducting such surveillance nor do they believe such surveillance would have produced any facts supporting the issuance of a search warrant."

    Harte said he built the hydroponic garden with his son a couple of years ago. He said they didn't use the powerful light bulbs that are sometimes used to grow marijuana and that the family's electricity usage didn't change dramatically. Changes in utility usage can sometimes lead authorities to such operations.

    When law enforcement arrived, the family had just six plants — three tomato plants, one melon plant and two butternut squash plants — growing in the basement, Harte said.

    The suit also said deputies "made rude comments" and implied their son was using marijuana. A drug-sniffing dog was brought in to help, but deputies ultimately left after providing a receipt stating, "No items taken."

    Pilate said no one in the Harte family uses illegal drugs and no charges were filed. The lawsuit noted Adlynn Harte, who works for a financial planning firm, and Robert Harte, who cares for the couple's children, each were required to pass rigorous background checks for their previous jobs working for the CIA in Washington, D.C. Pilate said she couldn't provide any other details about their CIA employment.

    Pilate said any details gleaned from the open records suit could be used in a future federal civil rights lawsuit.

    "You can't go into people's homes and conduct searches without probable cause," Pilate said.

    Leawood City Administrator Scott Lambers said Friday that he couldn't comment on pending litigation. The sheriff's office also had no comment.

    "Obviously with an ongoing lawsuit we are not able to talk about any details of it until it's been played out in court," said Johnson County Deputy Tom Erickson.

    Popular in the Community

    • Trump 'disappointed' in China over NKorea sanctions

      1,847 reactions3%71%26%
    • Rencontrez des jeunes de plus de 50 ans !

      DisonsDemainAnnonces
    • NASA’s top space photos of 2017

      9 reactions6%76%18%
    • Oops! Ivanka Trump Vacation Photo Has Confederate Flag on Boat Behind Jared Kushner

      16,743 reactions4%58%38%
    • Recy Taylor, who fought for justice after 1944 rape, dies

      192 reactions8%58%34%
    • Fuites urinaires

      www.id-direct.comAnnonces
    • Demi Lovato Is Already Cool For The Summer In Plunging Cherry Swimsuit

      582 reactions5%75%20%
    • Suicide attack in Kabul, Afghanistan

      30 reactions3%67%30%
    • Luann de Lesseps' ex-husband, Tom D'Agostino, reacts as details emerge on shocking arrest

      53 reactions7%72%21%
    • Devenez propriètaire au bord d'un lac à Clamart

      Clamart PanoramaAnnonces
    • Alabama officials dismiss Moore claims of voter fraud; Jones certified as winner

      9 reactions10%70%20%
    • Video shows police officers risking their lives to save trapped teenagers

      3 reactions0%100%0%
    • Ivanka Trump's Vacation Picture Has A Confederate Flag In The Background

      7,557 reactions4%59%37%
    • La solitude peut tuer la joie de Noël

      petits frères des PauvresAnnonces
    • 18 states will raise their minimum wage on January 1 — here’s what to expect

      3,413 reactions4%81%15%
    • Erica Garner, daughter of police chokehold victim, in coma with 'major brain damage' following heart attack

      2,315 reactions2%67%31%
    • Bitterly cold weather sweeps much of the country

      32 reactions1%90%9%
    • De l’or le plus pur à un prix en dessous de 30€ !

      Société Française des MonnaiesAnnonces
    • Friend wrecks DeSean Jackson's truck, leaves weed, bullets behind, report says

      67 reactions2%72%26%
    • Dangerously cold weather is enveloping more than half of the US

      20 reactions9%74%17%
    • Trump has spent a third of his presidency so far at Trump-branded properties

      18 reactions0%73%27%
    • Better Than Bitcoin

      Banyan HillSponsored
    • NFL Winners and Losers: Judging all the major trades that happened in 2017

      369 reactions5%83%12%
    • Kevin Hart Had a 'Mini Breakdown' After Wife Left Him Home a 'Couple Hours' with Kids and Dogs

      310 reactions3%74%23%