Police Commandeer Homes, Get Sued

Courthouse News ^ | July 3, 2013 | MEGAN GALLEGOS

[COBOL2Java]

This is all the direct result of the Patriot Act. We granted extended authorities to federal, state and municipal law enforcement as a result of terrorism. Liberty-supporting groups warned against passage of the Act at the time, and now we are reaping the whirlwind.

It may work (emphasis on "may") when you have good people in power - good Executive, good Federal, good cops - but get some bad eggs like our current feral occupant of the White House, and these ignoramuses in the Henderson PD, and you see the result.

[Tammy8]

I think most of the people that support LEO when they do this sort of craziness are in complete denial. Their knowledge of LEO is either very dated or they live in an area where this type of thing has never happened. They just have no concept that LEO could act this way.

[The Working Man]

Years ago, I read a novel that had as it’s first scene the following:

Couple sitting at home read or watching TV and the SWAT team shows up and orders them out of the house because they need it for a sniper position. The couple leaves without making any fuss and as they exit the door they hear... Hey check the fridge maybe they’ve got some beer!

It sounded so d*mn far-fetched at the time. Today though? Yeah, totally believable.

The end result in the novel was an ‘underground resistance’ dedicated to eliminating the government and restoring it with a constitutional one. (It’s a NOVEL, NSA!)

Still it makes you wonder what the author saw so many decades ago that made him write such a story.

[Moorings]

Although the terrified animal posed no threat to officers, they gratuitously shot it with one or more pepperball rounds.

How predictable. I would have actually been surprised if they had NOT hurt the dog... sadistic, pea-brained monkeys.

[Chode]

words fail...

[Altariel]

Thank you for speaking out against this.

[X-spurt]

The tax-payers can change their city gubmit. Yes they should pay for enabling this culture to have free run in Henderson.

Things have become so out of hand with LEO in the past twenty years. This strong-arm LEO culture not going to end well, FOR THEM.

[COBOL2Java]

I think most of the people that support LEO when they do this sort of craziness are in complete denial. Their knowledge of LEO is either very dated or they live in an area where this type of thing has never happened. They just have no concept that LEO could act this way.

I agree with you. We still have Andy Taylors out there, but there are too many idiots like the ones in Henderson, unfortunately. Would that we had more Sheriff Andys...

[LostInBayport]

"Unfortunately, you’ve grown up hearing voices that incessantly warn of government as nothing more than some separate, sinister entity that’s at the root of all our problems. Some of these same voices also do their best to gum up the works. They’ll warn that tyranny always lurking just around the corner. You should reject these voices."- from a recent speech by N. A. Hole.

[ChildOfThe60s]

It may work (emphasis on "may") when you have good people in power - good Executive, good Federal, good cops

A benevolent dictatorship is a dictatorship nonetheless. I want nothing of it.

We don't need the ideological cripples that make up the SCOTUS to determine constitutionality of this garbage. Thinking men know it is unconstitutional. Period.

[Navy Patriot]

Henderson’s finest performing to their usual standard of excellence.

[Carl Vehse]

"Addressing plaintiff as 'asshole', officers, including Officer Snyder, shouted conflicting orders at Anthony Mitchell, commanding him to both shut off his phone, which was on the floor in front of his head, and simultaneously commanding him to 'crawl' toward the officers."

This tactic of two or more police yelling conflicting orders at a person has even been shown on the Fox show, "Cops."

The advantage is that no matter what the person does, a charge of disobeying the lawful order of a policeman can always be made.

[Chickensoup]

they are getting us used to totalitarianism

[Moorings]

They know that they can get away with this, that is why we are hearing a lot of these stories. If there are any consequences, the taxpayer will have to foot the bill. This will be quietly swept under the rug. Unfortunately, the local population will not demand action against these thugs. As long as it was someone else's family that suffered, why would people care.

[COBOL2Java]

A benevolent dictatorship is a dictatorship nonetheless. I want nothing of it.

Point well taken. I didn't mean to imply that I was in favor of the Patriot Act.

[Haiku Guy]

I have often joked that now that the 1st, 2nd, 4th, 5th, 9th and 10th Amendments to the Constitution are now null and void, as soon as the Government started quartering troops in people’s homes without permission in violation of the 3th Amendment, I was going to have to take action.

Looks like they are going to put me to the test...

[Shimmer1]

shocked and disgusted ping

[RedMDer]

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[USNBandit]

I think this was for some kind of standoff and I am betting that the cops are going to claim exigent circumstances as an excuse. The search incident to arrest SCOTUS decision might play well for the plaintiffs since it appears they searched the homes after making entry,

The police report citing the multiple plans for dealing with the residents will also play well, as will a good examination of the use of force against the son on the first entry.

One of the huge things that will cost the city a lot of money is picking the wrong guy to contact the victims in the first place. If they were dealing with a barricaded suspect and wanted access to the other properties, it is all in the way you sell it. There are probably several guys in that department that could have gotten access to those home with a smile, a handshake and an expression of concern for the homeowners' safety, but they didn't one of those guys.

I am sure that the legal pleading puts the worst spin possible on it, but there is still a huge WTF factor on this whole event. The saddest part of this story is that they were able to assemble so many officers willing to do something that screwed up, without somebody saying stop and think about this.

[jocon307]

I don’t have time to read this piece now, but I did read the other day that all Rand Paul needed to have a perfect straight (my phrase) was to have the 3rd amendment become controversial.

Freaking cops are out of control all over the country, I find that puzzling and disturbing.

BBL to read it all.