[leepowers]

I agree with Kerr's analysis of the legal issues at hand. He knows far more about the law than I do, so I must defer to his expertise. He is technically correct. And it's good to have an accurate analysis of current law.

But Kerr misses the spirit of Balko's original article. Kerr is saying that the officers did not violate the rules of the game. Balko is saying the rules are absurd and the game needs to change. Both authors are correct.

Additionally, the original title reads: "Federal judge: Drinking tea, shopping at a gardening store is probable cause for a SWAT raid on your home". This is mostly correct. If the officers had not misidentified plant material, and if they had not been monitoring innocent shoppers, this incident would not have occurred. Only in the upside-down world of the drug war is it normal to send government agents armed to the hilt to invade a private residence and hold the occupants at gunpoint, all based on flawed and flimsy evidence.

[seandougall]

Flawed and flimsy evidence of a nonviolent offense, no less.

Of course, we also prosecute marijuana offenses under narcotics law, despite the fact that marijuana is not a narcotic. Go figure.

[Shivetya]

There is no justification for SWAT teams being used to chase down non violent suspects. It is just part of the over militarization and RAMBO mentality of too many police forces. When the cops kill more Americans than terrorist it screams "you have a problem".

This article from the Atlanta Journal and Constitution shows just how out of control policing has become, http://www.ajc.com/news/news/georgians-shot-police-unarmed-o...

[Gibbon1]

I think there is an often overlooked proportionate argument. Which is not only should punishments be proportional to the crime committed. But enforcement efforts should be as well. Personally I don't see why the courts should shield the cops from liability when they are obviously being sloppy. Seriously if cops going to bust down someones door and point guns at them then they need to dot their i's and cross their t's.

Personally I think a lot of Judges came of age during the Dirty Harry era. We won't see much change until death and senility removes them from office.

[ISL]

None of these things are a problem in Washington state, where marijuana's legal.

In my personal experience, nothing's changed in Washington safety-wise. Only difference is that sometimes you'll catch the scent of a stinky plant someone's lit on fire.

[cbd1984]

> in Washington state, where marijuana's legal.

As long as marijuana is illegal at the Federal level, it isn't legal in any state of the Union.

People can think it's legal. People, even law officers, can act as if it's legal. However, all it takes is one Federal case and all of a sudden the law against it actually matters, and on that day saying it's legal in your state won't amount to diddly squat.

State-level legalization efforts are like straw polls: A way to see which way the hot air is blowing. A way to see what the public as a whole thinks of marijuana laws. They are not, however, as binding as people seem to imagine.

[leepowers]

These laws are definitely binding on the state and local level, where most drug policing is done. Think low-level possession of small amounts. Which, having been decriminalized, means a marijuana user doesn't have to fear the officers that they are far more likely to interact with.

Still, there is absolutely a need for reform on a federal level, even if it's just a law that provides an exception for states with a legalization regime. Otherwise I think you're mostly right. Prosecutorial discretion is the only thing that prevents the feds from swooping in at any given moment.

[such_a_casual]

>However, all it takes is one Federal case and all of a sudden the law against it actually matters, and on that day saying it's legal in your state won't amount to diddly squat.

1. Are you suggesting that states will start enforcing federal drug laws if a resident in a legal state is brought to court?

2. Are you aware that the DEA has done countless raids in California?

3. Do you think that this particular incident and the concerns it raises is a local law enforcement issue, or do you imagine that the DEA operates by going through people's trash for tea leaves?

[chockablock]

Isn't the relevant question whether there are still pot-related SWAT raids in WA, CO, etc?

[nitrogen]

If such a federal case ever came before a local jury, it seems likely the local jury would refuse to convict because of the local law.