Skip to comments.Police Commandeer Homes, Get Sued (3rd Amendment issue)
Posted on 07/05/2013 6:25:10 AM PDT by Perdogg
Henderson police arrested a family for refusing to let officers use their homes as lookouts for a domestic violence investigation of their neighbors, the family claims in court. Anthony Mitchell and his parents Michael and Linda Mitchell sued the City of Henderson, its Police Chief Jutta Chambers, Officers Garret Poiner, Ronald Feola, Ramona Walls, Angela Walker, and Christopher Worley, and City of North Las Vegas and its Police Chief Joseph Chronister, in Federal Court.
(Excerpt) Read more at courthousenews.com ...
Ain’t that Amerika....
They think it is their right and have completely forgotten who they work for.
I think Nevada forgot about that quartering troops in homes prior to kicking the Brit’s butt .....
Holy crap. You have to read the entire thing, it’s absolutely insane. This is like something out of a 3rd world Hell Hole.
I once had a cop who parked in my drive way occasionally with his radar gun, he asked my permission first, which I readily gave to him, to stop a few local teenagers from speeding down this residential street.
“Nice dog you have there. It would be a shame if anything happened to it ...”
Naturally, because their legitimate role to play in a marital dispute is undefinable, the police are on their worst behavior in all directions, including doing domestic violence to the neighbors.
The incident will not be repeated. Anywhere.
The only weapon people have against these tyrannical police depts is to sue them out of existence. They have no respect for the people or laws.
Sounds like a case of severe domestic abuse.
“You have to read the entire thing...”
I did and I am beyond stunned. They not only aimed their guns at the homeowner but shot him with “pepper balls” (not sure what that is...) Yeah and they did shoot his dog with the same things. I really just loved /s the part when they made the homeowner crawl to them and called him as “a&&hole”. Lovely. I hope they lose their jobs and do time over this... it is an absolute outrage.
More a 4th Amendment issue than a 3rd....
So now we will need protection from the protection that is now
Charged with our protection.
Over the last several years, more and more of these types of abuses are taking place.
Many times, the officers are on video either roughing up folks, shooting dogs, illegal entries.
I dunno bout y’all, but it appears the cops seem hyper-vigalent. Everyone is a potential suspect.
You're only taking taxpayer money. The officers don't care. They must lose their own money, their jobs, and maybe their freedom... THEN things might change.
Guess they all went to the FBI-VA School of Stupid. (see article about water turned to beer)
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
-—at least they are still alive to sue , unlike several other victims of police violence in the greater Clark County area——
Roadside cavity searches of ladies that were stopped for minor traffic violations. One incident, the ladies were stopped by DPS for dropping a cigarette butt out the window.
When the officer approached the vehicle, he claimed to smell marijuana. The car was searched, then the ladies were cavity searched on the side of the road as traffic passed by..they found nothing.
Another incident happened a couple of weeks ago when two ladies were pulled over after a day at the beach. One lady they pulled out of the car had her bathing suit on. The trooper “again” claimed to smell marijuana. The ladies were then cavity searched along the roadside...none was found.
Side note, both occurrences the ladies claimed the female officers that performed the molestation did not change their gloves when searching both woman....yuck.
The officers were not only relieved of duty, they were sued in court....our tax dollars hard at work.
True. Offending officers should have their pensions forfeit to pay for the suit.
Nazi cops..Nazis! Sue them personally, fire them and take any benefits. This is purportedly America with a Constitution and Bill of Rights. This isn’t 1960’s East Germany.
The chief of police named in this case was forced to resign in 2012 on the heels of another incident of wild, violent abuse by her officers. The LEOs in this case should do a lot of jail time. At best.
Think again: The FISA-court is a blatant violation of the sixth: a secret closed court wherein you are not informed of the charges against you nor allowed a defense.
Abuse of power. We grant power to officials for them to use for the common good. They have the power to lock up, beat with a night stick, tase, pepper spray and/or shoot. They have the right to use force in certain circumstances. When they use it in the wrong circumstances, they have to be arrested and prosecuted.
I went to the legal firms website, and sent them a note thank them for taking this important case, and wishing them well.
Yay, they finally got around to stomping on the 3rd amendment! I knew they could do it. Now you can abrogate all ten amendments, be the first fascists on your block to collect them all.
FISA was not, as far as I knew until recently, supposed to apply to US citizens or within the United States. You have a good point though. The Bill of Rights is dying, and the 47% on the political left is cheering.
There are *other* weapons.
“but shot him with pepper balls (not sure what that is...)”
A pepper ball gun is actually a paintball gun that fires plastic balls (Pepper balls) filled with powdered oleoresin capsicum. Basically powdered pepper spray.
Other area cops murdered an innocent in a Las Vegas Costco.
No justice there either.
I admit that I am more naive than most, but I honestly am surprised to read a story like this happening here.
At least they can still take them to court...for now.
Happy post 4th of July.
Oh, we'll never lose that ability— they'll just work around that by denying everyone standing.*
* It worked so well with Obama eligibility cases, and with Proposition 8, that it is now going to be a favored tool for the Black-Robed God-Kings to use.
“...violate this and you get to score a clean sweep...”
Already done. Remember the guy who made the movie that teh regime claims started the Benghazi riots?
Went to court and she won. She got thousands for damage to her car. How in the hell can this happen? Rotten courts. Stay out of Nevada.
“Hello, 911? I’m reporting a gang of armed men invading my residence...”
Every day I think I can’t be shocked and disgusted by our government officals yet every day I’m am. These officers along with each supervisor on duty that day and the chief need to be sentenced to time behind bars and put the word out to the inmates just who they are.
I'll go you one better. We have secret laws as well, that you can be prosecuted for, though there is no way for you to know that what you did was illegal ahead of time.
I don't think I'd doubt that; but could you give an illustration/example or two?
The police plotted to remove this family from their home.
Ohio Ping - may be of interest to you
video: 1:15 minutes
Larry Klayman: This Government, Under Obama, Is Seeking To Enslave Us
Published on Jun 24, 2013
6/24/13 - Larry Klayman warns that if they courts don’t stop Obama’s efforts to enslave America by ruling in favor of his lawsuits, then it will lead to armed rebellion.
The Mitchell family’s claim includes Third Amendment violations, a rare claim in the United States. The Third Amendment prohibits quartering soldiers in citizens’ homes in times of peace without the consent of the owner.
Worley told plaintiff that police needed to occupy his home in order to gain a ‘tactical advantage’ against the occupant of the neighboring house. Anthony Mitchell told the officer that he did not want to become involved and that he did not want police to enter his residence.
Mitchell claims that defendant officers, including Cawthorn and Worley and Sgt. Michael Waller then “conspired among themselves to force Anthony Mitchell out of his residence and to occupy his home for their own use.”
The complaint continues: “Defendant Officer David Cawthorn outlined the defendants’ plan in his official report: ‘It was determined to move to 367 Evening Side and attempt to contact Mitchell. If Mitchell answered the door he would be asked to leave. If he refused to leave he would be arrested for Obstructing a Police Officer. If Mitchell refused to answer the door, force entry would be made and Mitchell would be arrested.’”
That may be the best way to stop this crap. The citizens allow their police departments to get out of control.
Start taking their money and maybe,just maybe, they will take control of their hired thugs.
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> “More a 4th Amendment issue than a 3rd....”
That’s what I thought, too. They need a warrant to do what they did, saying exactly what crime they thought he committed, exactly what they were looking for, and have it signed by a judge. This may get the lawyer a lot of publicity, but he is taking a big risk of having it dismissed unless he also brings up the 4th amendment.
Holy crap. If the Mitchell family doesn’t end up owning the city of Henderson, they need better lawyers. If it takes bankrupting a few cities to put an end to this kind of jack-booted thuggery, so be it.
Thank you, Stormdog. I know whatever it was.. it sounded like it would hurt. I remember when our next door neighbor’s boys and husband went to a paint ball range.. they all came back with bruises. I assume that a pepper ball gun leaves a bruises AND a burn.
“You’re only taking taxpayer money... the officers don’t care”.
Whenever I read about an incident involving this type of police brutality.. I do hope the victims sue. Not because it is taxpayer money.. because it could get them fired. If a county, city, township or state has to fork over $500,000 or more... the police department (Chief of Police) has to look at the officers involved as FINANCIAL liabilities. I know it may sound jaded that money sometimes speaks louder than the constitution and citizens rights... but it can.
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