Flowers only look like weed.

[Buckskinner33]

Flower only looks like weed

"That plant on our state flag is not a marijuana plant but a sunflower," said the lawyer for a former Bel Aire mayor whose home was searched.

BY DEB GRUVER
Posted on Sat, Sep. 17, 2005
The Wichita Eagle

Bel Aire officials probably will never look at sunflowers the same way again.

On Friday, Bel Aire Mayor Brian Withrow hired a consultant to look into a case in which police searched the home of a former four-term mayor looking for marijuana.

Police had seen plants in the backyard of Harold and Carolyn Smith's home and thought them to be pot. They took pictures.

They showed the pictures to an assistant district attorney. He also thought the plants were marijuana. So did the Sedgwick County district court judge who signed a search warrant.

When police went to the Smith house on Sept. 6 and examined the plants more closely, they realized their mistake.

The plants were sunflowers -- Maximilian sunflowers, specifically, grown from seeds the Smiths' son, a wildlife biologist, had given them.

"This morning we hired a guy to come in and do an entire review" of the case, said Withrow, an associate professor of criminal justice at Wichita State University.

Michael Birzer, also a WSU faculty member, will review the case from start to finish, Withrow said.

Withrow said he's asked Birzer to answer specific questions such as "Did we follow constitutional safeguards?" and "How did we make this mistake?"

Carolyn Smith declined to comment about the search Friday, saying she and her husband had hired Wichita lawyer Dan Monnat.

She jokingly declined to answer when asked how old she and her husband were, saying she doesn't even tell her children. But she said it would be safe to say they are senior citizens.

Harold Smith was mayor from 1991 to 1998. Voters elected him four times, but he didn't serve out his last two-year term, his wife said.

Monnat said the Smiths, who were never arrested or charged, have not filed a lawsuit but hired him to investigate "how this could possibly happen."

"These are very community-oriented people who have been active in their community affairs for years. I think it's probably fair to say they care much less about the idea of a lawsuit then they do about assuring the citizens of Bel Aire that they have competent police officers who will protect the rights of everyone."

Monnat said 10 or 11 law enforcement officers searched the Smiths' entire house, including dresser drawers and closets, videotaping everything.

After 45 minutes to an hour, the search was called off, Monnat said.

Carolyn Smith is upset that the city hasn't returned the videotape, Monnat said.

She considers that an invasion of their privacy every day it sits in city offices, Monnat said.

The Smiths have a big backyard that they consider their "garden of tranquility," Monnat said. They have an herb garden and many types of plants and flowers. Carolyn Smith leads a senior citizens group and often has members over to the backyard.

Monnat said it's distressing that trained officers don't know the difference between the state flower and marijuana.

"That plant on our state flag is not a marijuana plant but a sunflower," Monnat said.

Withrow said that in the officers' defense, the plants weren't blooming at the time. Monnat said while some might not have been in bloom, others were, and police would have passed many sunflowers driving from the police department to the Smith home.

 

[scannerfreak]

Just goes to show you how easy it is for cops to get a search warrant, un real.....I hope this opens some eyes around the US.

 

[FFighter81]

Another case where time and money was wasted on honest citizens while the crooks continue to be left alone and thrive ever forward.

Maybe we need to change the state flower?????



FFighter81

 

[Buckskinner33]

Well, I think it takes more then the PD to screw up. Someone other then the PD had to turn them in.

Besides that, these people were not the most favored people in the town because of there political involvment. (This is a FACT)

It is rumoured that they was the soul family that led the push to have the police chief resign from office in late 04. The police chief was working on a case of city embezzlement that spanded over 10 years.

Theres is alot more to the story that the media isnt reporting due to its questionable links.
All Im reporting is the rumours thats being thrown around town.

 

[bill44]

bad cops

police should not let politics get in the way of there work,it makes us all look bad, a fool
can tell the differance from a sunflower to maryjane
bill

 

[Buckskinner33]

police should not let politics get in the way of there work,it makes us all look bad, a fool
can tell the differance from a sunflower to maryjane
bill

Or any old Hippy!

But thats not always true. The Maximilian sunflowers, when not in bloom, sort of share the same top growth stucture as canabis. So if you was viewing it from a distance it would make you take a second look.

All though there are a lot of other plants there share a far greater resembalance to canabis then the Maximilian sunflowers, like the Falcaia Vulgaris plant specie (Sickleweed) or the Cicuta Maculata (AKA: Spotted Waterhemlock) .

But you can not duplicate the smell a live canabis plant puts out or its color, which stands out above all other plants, even from the view from a helicopter.


Hell, I know people who cant even tell Poison Ivy from Viginia Creeper Vine untill it to late.
Poison Ivy has 3 leaves
Virginia Creeper has 5

 

[bill44]

sunflower

but a good police officer should be able to tell the difference,do not make excusis for bad
police work

 

[Buckskinner33]

but a good police officer should be able to tell the difference,do not make excusis for bad
police work

I see where your coming from Bill, With the emphasis being on "a GOOD police officer". But you can also use that either way on "a GOOD judge" wouldnt have issued the warrent or my favorite, "a BAD district attorney" should have known what pot was.

 

[Buckskinner33]

Police raid prompts investigation to Bel Aire Police Chief

By Dana Hertneky
KSNW-TV
BEL AIRE, Kansas - The mayor of Bel Aire is calling for an external investigation into a police department raid after officers searched an elderly couple's home for marijuana. That elderly couple is former Bel Aire mayor, Harold Smith, and his wife, Carolyn. They are demanding answers as well.

A plant found in the Smith's backyard is at the center of the case. A Bel Aire police officer drove by and thought it was marijuana. That eventually led to an invasive search of the Smith's house by 10 to 11 Bel Aire police officers. It was called off only after officers finally discovered the plant was a sunflower.

"Amongst other things, their house was completely searched -- their closets, their drawers, their most private spaces -- and everything from their house, from the contents of their closets to the contents of their dresser drawers was, for some unknown reason, videotaped," said attorney Dan Monnat, Wichita.

The couple hired Monnat to look into what went wrong. Bel Aire mayor, Brian Withrow, says he wants to know as well.

"All people involved in this process deserve a thorough review -- everybody -- because ultimately people have to feel comfortable with their police department and that's really the issue in this particular case," said Withrow.

Withrow said he believes police followed all necessary procedures. A Sedgwick County judge signed the search warrant that allowed officers to search the Smith's house.

"I think now, based on what I know, there was a great deal of care in the process, which is what perplexes me. I don't know what went wrong," said Withrow.

That includes how police misidentified the plant in the first place.

"You would think that, in the sunflower state, a reasonably trained law enforcement officer would be able to distinguish marijuana plants from sunflowers," said Monnat.

We tried several times to contact the Bel Aire police chief for comment, but were unable to reach him.



Foot Note:
From: Buckskinner33

Bel Aire city council has asked for the resignation of the police chief. No further details has been given as of this time.

 

[bill44]

sunflower

thanks keep us updated
bill

 

[Buckskinner33]

A minor un-official update:
There has been some talks on the local radio stations that have citizens of Bel Air calling in and venting about the police chief.

This guy is as popular as picking up dog do on a hot summer day. A lot of bel Aire folks wish he would dry up and blow away. Many folks claimed he and his officers harrased, bothered, and made life in Bel Aire just miserable. A few listeners claimed he was also having his officer doing healthand housing code enforcement as part of there regular duties.

Now, I know what we do in Wichita in reguards to Health and Housing codes and law enforcement has hardley been called out unless its to serve a warrent or a threat has been issued to the code enforcer. I just find it hard to believe that Bel Air official would go to that extreme. But then again we all have had to go thru down sizing.

Now, I'm not trying to take sides on this issue, but I know Bel Aire seems to have been having a problem in the past few years with keeping a police chief in office. And Its getting hard to keep open minded on this issue.

 

[Buckskinner33]

Drug raid fallout

By Amy Houston
Ark Valley News
Sept 23rd, 2005

A longtime Bel Aire resident has presented a petition calling for the police chief’s dismissal, and the mayor has launched an investigation of what went wrong when police raided a couple’s home searching for marijuana and instead found sunflowers growing in the back yard.

Mayor Brian Withrow announced during Tuesday’s Bel Aire City Council meeting that he received phone calls and e-mails following 10 police officers’ search of Harold and Carolyn Smith’s Bel Aire home. Police obtained a search warrant Sept. 6 after an officer saw tall plants in the Smiths’ back yard and suspected they were growing marijuana. Instead, authorities found Maximilian sunflower plants.

Withrow said Tuesday that someone on KSN Channel 3 news questioned if Bel Aire police could recognize the state flower. Withrow said the state sunflower is a different variety than the Maximilian, and he pointed out that the yellow flowers weren’t blooming Sept. 6.

Withrow added that a radio station incorrectly reported that police had searched his home. He said he appreciated the accuracy of The Ark Valley News article about the raid.

The mayor, an associate professor of criminal justice at Wichita State University, announced that he asked a colleague “to take a comprehensive look” at the situation. He said Michael Birzer, an assistant professor of criminal justice at WSU, would work to answer seven questions:

•To what extent did the police department adhere to generally accepted policing practices during the initial phases of the investigation?

•Do sufficient controls exist within the department’s procedures to ensure the civil rights of the suspects are preserved, and if so, were they followed in this situation?

•Are the officers sufficiently trained to recognize marijuana and/or distinguish it from similar plants?

•Based on your experience and knowledge, how common are these types of mistakes?

•Was the search conducted in a manner consistent with generally accepted policing practices and good judgment?

•Did the information available to the police prior to the search justify the use of multiple officers?

•Did the officers conduct themselves professionally?

Withrow expects the investigation to be complete in mid-October. He said results would be shared with the public.

Vern Slaby, a 35-year resident of Bel Aire, also spoke about the matter. He acknowledged that an outside consultant would look into the incident, and he said Berzer may notice a pattern of police behavior.

As a group circulated a petition in Bel Aire, Slaby said, some residents told stories of negative experiences with the police department. The petition asks, “Do we need protection from our police chief?”

It refers to the Sept. 6 raid, and it states that Bel Aire needs a police chief with more experience, common sense and discretion. Police Chief Chris Ludiker was appointed in November 2004 to replace Chief Chuck Quinn, who was asked to resign.

Slaby said the petition includes 166 signatures. He remarked that Maximilian sunflowers like the ones in the Smiths’ yard also grow east of City Hall on Rock Road, in the right of way and ditch.

Slaby asked that only the city council view the petition. City Attorney Lee Parker said if it was presented to the council during an open meeting, it would be subject to the Kansas Open Records Act.

Withrow asked if that would be true if Slaby gave him the petition outside the meeting. Parker said he thought it still could be discoverable according to the open records law.

Withrow asked Slaby if he still wanted to present the petition. The mayor reminded him that it would be a public record.

“But in whose possession would they be?” asked Slaby.

Withrow said he would take possession of the petition.

“I trust that,” Slaby said.

Harold and Carolyn Smith did not speak Tuesday but attended the meeting along with their attorney, Dan Monnat. Harold Smith is a former mayor of Bel Aire, and his wife is active in the local senior club.

Withrow announced that the couple has been involved in the community for more than 40 years.

“Harold and Carolyn Smith are important and critical members to this community,” he said.

Withrow added that Bel Aire police reach hundreds of decisions each day, and he wouldn’t hesitate to call them if he needed an officer in his home.

Ludiker was absent Tuesday. City Attorney Barb Crouse later announced Ludiker missed the meeting because his daughter was ill.

At the end of Tuesday’s meeting, the council spent a total of 45 minutes in closed session with Parker and Crouse for attorney-client privilege and discussion of nonelected personnel.

 

[Buckskinner33]

Bel Aire and thier History with the Police Chiefs

One of the things that seemed to be a thorn in Bel Aire side was when the Former Police Chief Chuck Quinn banned and arrested Troy Newman, the owner and President of Operation Rescue West, "Truth Truck" from Bel Aire. ( this is the truck with a picture of an aborted fetus on the cargo box)

Newman said he was arrested on Thursday, Jan.15, of 2004 when he drove the truck back to Bel Aire. He's was accused of a misdemeanor building code violation that bans portable signs from public streets. But Operation Rescue West noted that the city ordinance lists many exemptions.

The arrest was made on the grounds of a misdemeanor building code violation that bans portable signs from public streets. According to Operation Rescue West, Bel Aire Police Chief Charles Quinn personally assisted the arresting agent, city building inspector Keith Price, in filling out the citation - paperwork with which Price seemed to be unfamiliar with.

Troy Newman, the president of Operation Rescue West, faced six months in jail and a $1,000 fine for defying a city order to remove the truck from Bel Aire's public streets.

Newman had repeatedly parked the truck in the neighborhood of a woman who manages an abortion clinic. According to Operation Rescue West, the city building inspector ordered Newman to "take the truck and never come back."

For those of you not familiar with Bel Aire township, it has been known that a majority of Bel Aires population has strong ties to the Catholic Church and supports "Pro-Life" values. But this is only one of many issues that was brought against the former police chief when the city council asked for his resignation. It has also rumoured that the familly of Harold and Carolyn Smith led that petition to get Quinn out of office based on the "Truth Truck" incident. I, as the writer of this post, have not found any information to support that rumour. So it should remain as just that - a rumour.

And now to present date: The police chief that replaced Quinn is Chris Ludiker. This is the man that is being ousted out of office by petition, in reguards to the "Sunflower Raid" at the home of Mr.Harold and Carolyn Smith’s .

Chief Chris Ludiker is 39 and started his career with the police force in 1990 as a reserve officer, has worked for 13 years protecting and serving the citizens of Kansas. Starting as an officer for the Haysville Police Department in 1991 and then for the Bel Aire Police Department in 1995, Ludiker has worked his way up through the ranks. He was a patrol officer and helped with community policing such as the DARE (Drug Abuse Resistance Education) program throughout his years as a police officer. He told reporters at the time of his apointment that he viewed himself as a laid back sort of person and that he was not going to let all talk and rumours, that was going around the town about Chief Quinn, interfear with his duties as the new Police Chief.

Ludiker focused on changes and new goals for Bel Aire, Ludiker was ready to take action to make sure the citizens he served felt safe and confident that they could rely upon the police department. This was the first time Ludiker served as a police chief in his career.

Some of the changes Ludiker made at the time of his appointment included implementing more community policing programs such as McGruff the Crime Dog and making sure Bel Aire residents felt that they could communicate openly with the police force.

An Opinion from Buckskinner33:
As I stated before, It is getting very hard to remain open and un-bias on this subject. This does not seem like the sort of person who would have a problem with finding drugs, and knowing what they are. I could only imagine what the stress level would be for him holding the title of "Chief of Police" at his age. ( I only say that because I'm close to that age myself and I'm in managment or adult daycare as I like to call it! )

There is somthing wrong with this whole situation. It seems to me that "due process" has gone out the window and took the town with it. And if you dont believe that a sqeeky doesnt get greesed, I'm here to tell you it does in Bel Aire. Which I find sort of appealing if it was me getting my way.

I've asked many officers that I know in Sedgwick SO and in Wichita PD if the would concider going to work in Bel Aire police, they all seem to be in the opinion that there would have to be a major political change before any of them would. Some officer I have met, started off in Bel Aire PD and say that when they was there it was a mess. It was either un-organized or to rigid. ( I still have not figured that one out )

I guess I never will since I'm not a cop

 

[NBW791]

A quick Google search revealed the following......

Maximilian Sunflower:

Marijuana:

I can see where they could be confused from a distance. I think they should have gotten some better binoculars or something though before they filed for a search warrant!

-Nick-

 

[Thayne]

Listen to this one.
In Aurora, CO last year they would only let you water your grass once a week for 2 hours.
Some people I know received a ticket during that time because their kid sprayed his brother while in the street. They fought it and won.
Now many yards have the grass all burned up, because once a week would not do it.
Now since the drought has eased somewhat, they raised the price of water much higher since they wern't selling enough.
Now they are giving tickets out (Minimum $100 fine) for NOT having grass or some sort of "Landscape cover". The reason given is to avoid erosion. (How in the hell a flat yard would erode I don't understand)

The last thing is that if you are going to to put in a new lawn, you have to get a PERMIT from them or (You guessed it--Another fine.

 

[Buckskinner33]

Easy: Wind errosion. In Kansas a good High wind can move 100's of tons of top soil in one sweep.


Rain erosion can do the same as well but the loss is not tnearly as great.
Have you ever noticed the long tree rows along a farmers field? Thats its purpose: to at least break the draft and catch some of the soil that blowing away.

In Colorado: There just isnt enough water from the last few winters, to feed urban lawns and provide drinkable water for the masses. So irrelivent watering is now put to a stop - you could say there in a LIFE Critical mode of providing only for essential purposes.

You could probly drill in an aquifer in the plains but where there at the aquifer is either to deep or doesnt exist.

In my line of work we have been watching them real close. There situation is somthing for all of us to worry about. Another example is in Las Vegas. This trend is also starting to show in Michigan and In New York.

You think the oil crises is bad, what will you do when you run out of drinkable water?

 

[NBW791]

They apparently don't like me linking directly to their image of the sunflower plant. Click here for the picture that was supposed to be in my message:

http://hortiplex.gardenweb.com/plants/jour/p/45/gw1019245/150102988666827.jpeg

 

[busaninja]

A quick Google search revealed the following......

Maximilian Sunflower:

Marijuana:

I can see where they could be confused from a distance. I think they should have gotten some better binoculars or something though before they filed for a search warrant!

-Nick-

It looks like weed to me and I went way past experimenting as a kid.