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DEA raids home gardener after buying 16 oz of fertilizer at garden store

Posted on 4/14/14 at 12:47 pm
Posted by NYNolaguy1
Member since May 2011
20871 posts
Posted on 4/14/14 at 12:47 pm
Maybe some of our government enthusiasts can justify this one for us..

LINK

quote:

"I bought a bottle of organic fertilizer, a 16-ounce bottle," said Kirking, a 46-year-old face-paint artist. "Three weeks later I was raided by DEA." The DEA is refusing to answer questions about the law enforcement operation targeting an Illinois garden store that has netted Kirking and at least 10 other people. But Kirking and her lawyer contend it's a case of misplaced priorities and federal overreach. They're asking why the DEA is treating ordinary customers of a garden store selling hydroponic equipment as if they were major drug dealers.


quote:

In the search warrant application, a Braidwood, Ill., police officer assigned to the DEA, Donn Kaminski, wrote that he had observed Kirking exit the garden store "carrying a green plastic bag containing unknown items." Kaminski stated he had "previously conducted numerous investigations that involved the surveillance of Midwest Hydroganics and persons purchasing items at Midwest Hydroganics, which has led to the arrest of suspects for production of cannabis sativa plants and production of cannabis."


quote:

Kaminski wrote that he then sifted through Kirking's household trash, detecting "a strong odor of green cannabis" in one plastic trash bag, and compared her home's electrical bill to that of her neighbors, finding that it was higher. Another officer conducted a field test on a green plant stem, which allegedly tested positive for marijuana. That was enough for a judge to sign a warrant.


So a visit to a garden store, and a federal agent later sifting through your trash gets you a friendly visit from your local DEA SWAT team.

Cue certain members on TD to tell us how necessary these types of raids are, and how these people deserved this.
This post was edited on 4/14/14 at 2:49 pm
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
105399 posts
Posted on 4/14/14 at 12:49 pm to
Has he given money to the tea party or belong to right wing groups?
Posted by BlackHelicopterPilot
Top secret lab
Member since Feb 2004
52833 posts
Posted on 4/14/14 at 12:51 pm to
Read further (if it is the same story I read this weekend)...there was one guy that bought at the same store...they checked his garbage and found 'no evidence or smell of weed'. They concluded the lack of evidence was EVIDENCE that he was trying to conceal his drug growing. Not even kidding.
Posted by NYNolaguy1
Member since May 2011
20871 posts
Posted on 4/14/14 at 12:52 pm to
quote:

Has he given money to the tea party or belong to right wing groups?


This was posted by HuffPo- so probably not. They probably voted for Obama.
Posted by Lsut81
Member since Jun 2005
80106 posts
Posted on 4/14/14 at 12:55 pm to
quote:

"carrying a green plastic bag containing unknown items." Kaminski stated he had "previously conducted numerous investigations that involved the surveillance of Midwest Hydroganics and persons purchasing items at Midwest Hydroganics, which has led to the arrest of suspects for production of cannabis sativa plants and production of cannabis."


So because someone else does something illegal, you are automatically implicated...

quote:

Kaminski wrote that he then sifted through Kirking's household trash


When does "Trash" become fair game? I know once it is at the street, it is ok, but if the can was next to the house, on their property?

quote:

compared her home's electrical bill to that of her neighbors, finding that it was higher


How would have this? Without a warrant, I don't think the electricity provider can give out this info. I've asked when looking to buy a house and realtors have told me that you cannot call and ask for energy usage, you have to ask the owner what their regular bill is.

This post was edited on 4/14/14 at 12:57 pm
Posted by Rex
Here, there, and nowhere
Member since Sep 2004
66001 posts
Posted on 4/14/14 at 1:00 pm to
quote:

So a visit to a garden store, and a federal agent later sifting through your trash gets you a friendly visit from your local DEA SWAT team.

Why did you attempt to make it sound like just the purchase of the fertilizer was all the DEA had to work with?

Let me tell you a true story about higher home electric bills than your neighbors...

About 10 years ago my brother and his wife bought a very nice house in the Atlanta area at a very good price because it had previously been used for marijuana production. How was the operation caught? The electric company saw that the power usage there was out of line with the rest of the neighborhood and alerted the authorities.



Posted by UncleFestersLegs
Member since Nov 2010
10809 posts
Posted on 4/14/14 at 1:04 pm to
quote:

The electric company saw that the power usage there was out of line with the rest of the neighborhood and alerted the authorities.


A pool pump will double your electric bill. You .govists are fricking idiots.
Posted by NYNolaguy1
Member since May 2011
20871 posts
Posted on 4/14/14 at 1:05 pm to
quote:

Read further (if it is the same story I read this weekend)...there was one guy that bought at the same store...they checked his garbage and found 'no evidence or smell of weed'. They concluded the lack of evidence was EVIDENCE that he was trying to conceal his drug growing. Not even kidding.


I know right? The working man's tax dollars hard at work.

quote:

An application for a search warrant for a different Midwest Hydroganics customer, Tomczak noted, stated that police had found no evidence of marijuana plant residue in the trash -- and suggested that was evidence a suspect was covering up his marijuana grow.

The result in Kirking's case was an early morning raid on her home.

"They were in full attack mode, came at me guns raised, flashlights. Just like you see in the movies," Kirking said. "I had to ask them for a warrant. I said, 'Who are you,' when they came in the bedroom. Somebody said, 'DEA.'"


Welcome to the minority report pre-police. They find nothing, and that means that these people did something wrong. Big gov't gonna big.
Posted by Tactical1
Denham Springs
Member since May 2010
27104 posts
Posted on 4/14/14 at 1:08 pm to
• Your post(s) will be whacked if you:
o “Call someone out.”
Posted by BamaFan89
T-Town
Member since Dec 2009
19297 posts
Posted on 4/14/14 at 1:08 pm to
quote:

They concluded the lack of evidence was EVIDENCE that he was trying to conceal his drug growing.


:Idon'twanttoliveonthisplanetanymoregif:
Posted by NYNolaguy1
Member since May 2011
20871 posts
Posted on 4/14/14 at 1:18 pm to
quote:

Why did you attempt to make it sound like just the purchase of the fertilizer was all the DEA had to work with?


That's what prompted the investigation. All the people that had search warrants on their properties bought goods from this store.

quote:

Kirking's visit to the garden store, Midwest Hydroganics, was the predicate for the whole investigation of her, according to Tomczak. "100 percent nothing else," he said, calling that far too thin a thread on which to base a search warrant.
Posted by deltaland
Member since Mar 2011
90526 posts
Posted on 4/14/14 at 1:22 pm to
You would defend this. You people have no consistency except that the government is always right.

Instances like this one are why I support ending the war on drugs and legalizing weed. The intrusive invasions the government performs over a plant are just ridiculous
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 4/14/14 at 1:29 pm to
quote:

Instances like this one are why I support ending the war on drugs and legalizing weed.


Rex probably supports it but when the gov't flexes its arms, all bets are off for him and he has to bow down.

His love for statism is disgusting.
Posted by DrunkenStuporMan
The Mothership
Member since Dec 2012
5855 posts
Posted on 4/14/14 at 1:35 pm to
quote:

Kirking, a 46-year-old face-paint artist


A what?
Posted by PrimeTime Money
Houston, Texas, USA
Member since Nov 2012
27305 posts
Posted on 4/14/14 at 1:40 pm to
The first thing that I noticed is that he's a 46 year old face paint artist.

Edit: Nevermind, it's a woman. She might have a husband who makes the real money and she just does face painting for fun and a little extra income.

Was that sexist?
This post was edited on 4/14/14 at 1:45 pm
Posted by mauser
Orange Beach
Member since Nov 2008
21472 posts
Posted on 4/14/14 at 1:41 pm to
KGB informants probably ratted him out.
Posted by PrimeTime Money
Houston, Texas, USA
Member since Nov 2012
27305 posts
Posted on 4/14/14 at 1:44 pm to
For some reason, it just hit me how stupid the whole illegal marijuana thing is.

Basically, they made a plant illegal.

"No, you can't grow that plant. It's against the law."

If you grew a marijuana plant in your house just because you thought it looked pretty, you'd be breaking the law.

God broke the law by populating the Earth with cannabis.
Posted by Lsut81
Member since Jun 2005
80106 posts
Posted on 4/14/14 at 1:47 pm to
quote:

KGB informants probably ratted him out.


The local PD doesn't seem to be far from the KGB


I'm still curious if they had a warrant in order to obtain his electricity bills. If not and the company gave it out, the home owner should sue.

Posted by DonChowder
Sonoma County
Member since Dec 2012
9249 posts
Posted on 4/14/14 at 1:56 pm to
quote:

Rex
Holy crap dude. Is governement ALWAYS right with you? Sure seems that way.
Posted by Rex
Here, there, and nowhere
Member since Sep 2004
66001 posts
Posted on 4/14/14 at 1:58 pm to
quote:

You would defend this.

I don't support enforcement of marijuana laws, except where children are involved.

I also don't support the barefaced attempt by the OP here to paint the DEA as stupid enough to arrest somebody merely because of the purchase of one bottle of fertilizer. I'm defending the DEA against the smear here, not defending anti-marijuana laws.

But then you've never been much on reading, have you?

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