Going to pot?

Reason Magazine tends to follow police misconduct, including excesses that stem from prosecution of the War On Drugs.  Here's a piece by Radley Balko:

Like Mark Draughn, I've been somewhat skeptical of Barry Cooper, the former drug cop turned pitchman for how-to-beat-the-cops videos. He comes off as more of a huckster than a principled whistle-blower, which I think does the good ideas he stands for (police reform) more harm than good.

But damn. I have to hand it to him. This might be one of the ballsiest moves I've ever seen.

KopBusters rented a house in Odessa, Texas and began growing two small Christmas trees under a grow light similar to those used for growing marijuana. When faced with a suspected marijuana grow, the police usually use illegal FLIR cameras and/or lie on the search warrant affidavit claiming they have probable cause to raid the house. Instead of conducting a proper investigation which usually leads to no probable cause, the Kops lie on the affidavit claiming a confidential informant saw the plants and/or the police could smell marijuana coming from the suspected house.

The trap was set and less than 24 hours later, the Odessa narcotics unit raided the house only to find KopBuster's attorney waiting under a system of complex gadgetry and spy cameras that streamed online to the KopBuster's secret mobile office nearby.

To clarify just a bit, according to Cooper, there was nothing illegal going on the bait house, just two evergreen trees and some grow lamps. There was no probable cause. So a couple of questions come up. First, how did the cops get turned on to the house in the first place? Cooper suspects they were using thermal imaging equipment to detect the grow lamps, a practice the Supreme Court has said is illegal. The second question is, what probable cause did the police put on the affidavit to get a judge to sign off on a search warrant? If there was nothing illegal going on in the house, it's difficult to conceive of a scenario where either the police or one of their informants didn't lie to get a warrant.

....

The story's worth watching, not only to see if the cops themselves are held accountable for this, but whether the local district attorney tries to come up with a crime with which to charge Cooper and his assistants.  I can't imagine such a charge would get very far, but I wouldn't be surprised to see someone try.

If this happened as portrayed, the police can't get a pass on it.  Police officers have a great deal of power.  If they're perceived as abusing it, public distrust will make their jobs infinitely harder.