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Appeals court strips immunity from Kansas police who raided a family’s home because of one trip to a gardening store and tea leaves in their trash

TeavanaToday a federal appeals court revived a lawsuit filed by Robert and Adlynn Harte, the Kansas couple whose Leawood home was raided in 2012 based on a visit to a garden store and discarded tea leaves that police claimed tested positive for marijuana. James Wingo of the Missouri State Highway Patrol, whose “pet project” involved staking out the Green Circle Garden Store in Kansas City, “keeping meticulous notes on all of the customers,” often for “three or four hours a day.” The 10th Circuit also is letting the Hartes try to prove their allegation that Burns, Blake, or both lied about the field tests, which would invalidate the warrant used to search the house, and several claims under state law, including trespass, assault, and false imprisonment. James Wingo of the Missouri State Highway Patrol, whose “pet project” involved staking out the Green Circle Garden Store in Kansas City, “keeping meticulous notes on all of the customers,” often for “three or four hours a day.”

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