Contractor mistakes fish chemicals for meth lab

[Fishyfanatic]

I can see both sides of the story here. The contractor wasn't farmiliar with fish tanks so he didn't know that what they were using was legitimate. He contacted the police and said that he smelled a strong odor in the home that made him light headed. Considering all of the supplies in the bathroom, it could very well be drug related (for all he knew). I don't blame the police, they were executing a search warrant that was issued by a judge who felt there was probable cause. What the story doesn't say is if they have been issues in the area regarding drug labs. But of course the people are going to sue, it's the "American Way" nowadays. Sue for anything.

[cmor1701d]

Originally Posted by FiveSix

The judge who approved the search warrant has a lot to be blamed for. Cops might be anxious to barge in some houses but that's why they need warrants. The judge is supposed to find enough probable cause and a contracter that smelled vinegar isnt enough lol.

without the lol at the end.

[BillyZ]

The contractor thought something was wrong so he did what I would agree is the right thing to do, and reported his suspicion. But the police skipped a very important step. They need to VERIFY the claim by reasonable means. Otherwise, just as the woman in the video said as example, anyone can say anything about someone's home, that doesn't give police probable cause to just bust in. They need to make a reasonable effort to substantiate the claim before a warrant should be approved. Of course, i've been called old-fashioned before..

[Innovator]

I find it rather odd that the contractor could not differentiate vinegar or lime from a chemical sink such as a meth lab. Given that, he could have at least asked the couple what the strong odor was considering, by his uncertainty, the odor could very well have been a gas-line...I cannot blame the couple for being upset with the contractor. I won't even bother responding in depth about the police and judge, horribly handled on all accounts.

[pitt420dude]

Disclaimer: I'm a huge advocate of one's right to privacy, and violations of these rights frustrate me greatly.

IMO, there were a couple of mistakes made here:

(1) This novice judge should NEVER have signed this warrant. I'd love to see what the affidavit of probable cause looked like: "I smelled chemicles???" Pahlease!!! Not nearly enough to satisfy probable cause and it doesn't even amount to a reasonable suspicion (a lower standard) in my mind. Basically the standard is that for a warrant to be issued there must be "...probable cause to beleive that criminal activity is afoot." What is the criminal activity here? Owning chemicles?

(2) This subcontracter that reported the meth lab screwed up big time, and though for PR purposes the company stood by him, I doubt their lauding his actions behind closed doors. It wouldn't surprise me if this was the type of person who advocates vigilante justice and secretly wants to be a crime fighter.

I can't really blame the cops too much here, though they may have been slightly over zealous. In most states there is a knock and announce rule, where before execution of a warrant, the police must knock on the door and announce their intentions. There are exceptions when evidence may be destroyed but THEY BROKE DOWN HER DOOR!? Outrageous. Still, their actions were probably legally justified by the execution of the warrant.

They fixed her door, so there really isn't much of a suit to be had here IME. Throw soverign immunity into the mix and it's really a can't-win case. If she had suffered a heart attack or something because of the emotional distress, then there are some damages. Still, what has she lost? Eh...perhaps she no longer feels safe in her home and suffers other similar damages but still, I don't see much of a case. The government can pretty much do what they want.

Still, it's nice to see an attorney at least try to stick up for her rights. I would be soooo mad if my cable guy caught site of my fishtank "lab" and the police busted down my door and sequestered my fiance and I in cuffs.