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Police Commandeer Homes, Get Sued (3rd Amendment issue)
courthouse news ^ | july 3rd, 2013

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 ...


TOPICS: Constitution/Conservatism; Crime/Corruption; US: Nevada
KEYWORDS: 3rdamendment; thirdamendment; usagestapo
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1 posted on 07/05/2013 6:25:10 AM PDT by Perdogg
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To: Perdogg

Ain’t that Amerika....


2 posted on 07/05/2013 6:27:42 AM PDT by Gamecock ("Ultimately, Jesus died to save us from the wrath of God." ¬óR.C. Sproul)
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To: Gamecock
"He has quartered bodies of armed troops amongst us."

They think it is their right and have completely forgotten who they work for.

A MODERN DECLARATION OF LIBERTY

3 posted on 07/05/2013 6:30:48 AM PDT by Jeff Head
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To: Perdogg

I think Nevada forgot about that quartering troops in homes prior to kicking the Brit’s butt .....


4 posted on 07/05/2013 6:32:23 AM PDT by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: Perdogg

Holy crap. You have to read the entire thing, it’s absolutely insane. This is like something out of a 3rd world Hell Hole.


5 posted on 07/05/2013 6:34:52 AM PDT by miliantnutcase
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To: Perdogg

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.


6 posted on 07/05/2013 6:36:57 AM PDT by Graybeard58 (_.. ._. .. _. _._ __ ___ ._. . ___ ..._ ._ ._.. _ .. _. .)
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To: Perdogg

“Nice dog you have there. It would be a shame if anything happened to it ...”


7 posted on 07/05/2013 6:37:06 AM PDT by ClearCase_guy (21st century. I'm not a fan.)
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To: Perdogg
I know they were forced into it by feminazis' pressure on state governments, but cops have no business in "domestic violence" disputes anyway. Short of murder, it's never been an area for state involvement, for the very reasons that this idiotic spying investigation occurred: The blunt instrument of the law is incompetent to manage something intrinsically private and complicated.

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.

8 posted on 07/05/2013 6:40:30 AM PDT by SamuraiScot
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To: Perdogg
Take the union's pension fund ... and give half to the victims.

The incident will not be repeated. Anywhere.

9 posted on 07/05/2013 6:41:07 AM PDT by ClearCase_guy (21st century. I'm not a fan.)
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To: Perdogg

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.


10 posted on 07/05/2013 6:43:31 AM PDT by Flick Lives (We're going to be just like the old Soviet Union, but with free cell phones!)
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To: Perdogg

Sounds like a case of severe domestic abuse.


11 posted on 07/05/2013 6:44:57 AM PDT by Paladin2
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To: miliantnutcase

“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.


12 posted on 07/05/2013 6:46:05 AM PDT by momtothree
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To: Perdogg

More a 4th Amendment issue than a 3rd....


13 posted on 07/05/2013 6:46:33 AM PDT by Molon Labbie (Prep. Now. Live Healthy, take your Shooting Iron daily.)
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To: SkyDancer

So now we will need protection from the protection that is now
Charged with our protection.


14 posted on 07/05/2013 6:49:29 AM PDT by Conserev1 ("Still Clinging to my Bible and my Weapon")
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To: Perdogg

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.


15 posted on 07/05/2013 6:54:51 AM PDT by servantboy777
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To: Flick Lives
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.

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.

16 posted on 07/05/2013 6:58:56 AM PDT by Teacher317 (The public is being manipulated to fleece the taxpayer. That is the real industry in Washington.)
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To: Perdogg

Guess they all went to the FBI-VA School of Stupid. (see article about water turned to beer)


17 posted on 07/05/2013 7:00:11 AM PDT by madison10
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To: Perdogg
This surprised me, although it should not have. I've been commenting for years on the growing list of rights enshrined in the Bill of Rights that our government is systematically violating. The Third and the Sixth were the only ones that were generally respected even by the left. Now the Sixth Amendment is the only one standing. Note for leftists; violate this and you get to score a clean sweep:

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.

18 posted on 07/05/2013 7:00:14 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Perdogg

-—at least they are still alive to sue , unlike several other victims of police violence in the greater Clark County area——


19 posted on 07/05/2013 7:00:50 AM PDT by rellimpank (--don't believe anything the media or government says about firearms or explosives--)
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To: Conserev1

Protection.


20 posted on 07/05/2013 7:00:56 AM PDT by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: Flick Lives
I'm kinda puzzled by TX DPS abuses lately. They've always been professional in the way the perform their duties. As of late, there have been a few incidents where Texas DPS overstepped their bounds.

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.

21 posted on 07/05/2013 7:03:33 AM PDT by servantboy777
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To: Teacher317
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.

True. Offending officers should have their pensions forfeit to pay for the suit.

22 posted on 07/05/2013 7:03:43 AM PDT by Flick Lives (We're going to be just like the old Soviet Union, but with free cell phones!)
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To: SkyDancer

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.


23 posted on 07/05/2013 7:04:51 AM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: Perdogg
By the way, the police chief named in the suit is female (see the scary pic and story here). I'd like to see the stats on this, but I see a disproportionate number of incidents of extreme police corruption and abuse like this one where the chief is female.

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.

24 posted on 07/05/2013 7:12:38 AM PDT by SamuraiScot
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To: Pollster1
This surprised me, although it should not have. I've been commenting for years on the growing list of rights enshrined in the Bill of Rights that our government is systematically violating. The Third and the Sixth were the only ones that were generally respected even by the left. Now the Sixth Amendment is the only one standing.

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.

25 posted on 07/05/2013 7:17:04 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Perdogg

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.


26 posted on 07/05/2013 7:22:29 AM PDT by I want the USA back (If I Pi$$ed off just one liberal today my mission has been accomplished.)
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To: momtothree

I went to the legal firms website, and sent them a note thank them for taking this important case, and wishing them well.


27 posted on 07/05/2013 7:23:02 AM PDT by Balding_Eagle (When America falls, darkness will cover the face of the earth for a thousand years.)
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To: Perdogg

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.


28 posted on 07/05/2013 7:23:32 AM PDT by thorvaldr
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To: OneWingedShark
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.

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.

29 posted on 07/05/2013 7:23:59 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Flick Lives
The only weapon people have against these tyrannical police depts is to sue them out of existence.

There are *other* weapons.

30 posted on 07/05/2013 7:37:20 AM PDT by Spirochete (Does the FedGov have the attributes of a legitimate government?)
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To: momtothree

“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.


31 posted on 07/05/2013 7:43:07 AM PDT by Stormdog (A rifle transforms one from subject to Citizen)
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To: Perdogg

Other area cops murdered an innocent in a Las Vegas Costco.

No justice there either.


32 posted on 07/05/2013 7:43:19 AM PDT by cicero2k
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To: Perdogg
This needs to go viral.

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.

33 posted on 07/05/2013 7:47:16 AM PDT by GBA (Our obamanation: Animal Farm meets 1984 in A Brave New World. Crony capitalism, chaos and control.)
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To: Perdogg

Gestapo police.


34 posted on 07/05/2013 7:56:50 AM PDT by Logical me
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To: GBA
At least they can still take them to court...for now.

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.

35 posted on 07/05/2013 7:58:08 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Perdogg

NUTS!


36 posted on 07/05/2013 8:02:58 AM PDT by Texas Fossil
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To: Pollster1

“...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?


37 posted on 07/05/2013 8:03:22 AM PDT by castlebrew (Gun Control means hitting where you're aiming!))
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To: Perdogg
And their courts are rotten. A friend in Henderson was accused by a female who said he crashed into her car and ran. She got the license number. Within a few hours a cop came to my friends house and inspected his car. Not a scratch, in show room condition.

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.

38 posted on 07/05/2013 8:07:00 AM PDT by Logical me
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To: Perdogg

“Hello, 911? I’m reporting a gang of armed men invading my residence...”


39 posted on 07/05/2013 8:08:48 AM PDT by castlebrew (Gun Control means hitting where you're aiming!))
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To: lonevoice

ping!


40 posted on 07/05/2013 8:18:23 AM PDT by Pride in the USA
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To: Perdogg

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.


41 posted on 07/05/2013 8:36:29 AM PDT by bgill (This reply was mined before it was posted.)
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To: OneWingedShark
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.

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.

42 posted on 07/05/2013 8:49:01 AM PDT by zeugma (Those of us who work for a living are outnumbered by those who vote for a living.)
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To: zeugma
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?

43 posted on 07/05/2013 8:52:35 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Perdogg; All; ADemocratNoMore; Akron Al; arbee4bush; agrace; ATOMIC_PUNK; Badeye; Bikers4Bush; ...

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
http://www.youtube.com/watch?v=fLk521wGdkI

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.

Article:
http://www.courthousenews.com/2013/07/03/59061.htm

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.

snip
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.

snip
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.”

snip
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.’”


44 posted on 07/05/2013 8:59:01 AM PDT by Whenifhow
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To: Teacher317
You're only taking taxpayer money

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.

45 posted on 07/05/2013 9:26:28 AM PDT by snowtigger (. Thanx to Charlie Daniels, " Let them win, or bring them HOME")
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To: snowtigger

Law Enforcement Agencies Obtaining Record Amount of Surplus Military Equipment | Public Intelligence

http://publicintelligence.net/leas-obtaining-military-equipment/

The Pentagon Is Offering Free Military Hardware To Every Police Department In The US

http://www.businessinsider.com/program-1033-military-equipment-police-2011-12


46 posted on 07/05/2013 9:47:44 AM PDT by Whenifhow
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To: Molon Labbie

> “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.


47 posted on 07/05/2013 10:40:08 AM PDT by jim_trent
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To: Pride in the USA; Stillwaters

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.


48 posted on 07/05/2013 11:30:07 AM PDT by lonevoice (Today I broke my personal record for most consecutive days lived)
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To: Stormdog

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.


49 posted on 07/05/2013 11:58:21 AM PDT by momtothree
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To: Teacher317

“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.


50 posted on 07/05/2013 12:02:48 PM PDT by momtothree
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