Daily Dicta: Kirkland Wins New Trial (Again) in Case of Botched Pot Raid
As a new Tenth Circuit panel pointed out on Friday, the appellate court's original holding was…complicated.
October 08, 2019 at 01:11 AM
6 minute read
Some loose tea leaves in the kitchen garbage and one visit to a garden store. That's all it took for the Johnson County, Kansas Sheriff's Office to tag the Harte family as suspected marijuana growers, bashing in their front door in SWAT-style raid.
For two-and-a-half hours, the suburban family (whose only other brush with the law had been a parking ticket) cowered on the floor while police tore their house apart looking for drugs—and found hydroponic tomatoes growing in the basement.
I wrote about the case in 2017, when Kirkland & Ellis associate Rob Bernstein convinced the firm to represent the family pro bono on appeal.
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