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Las Vegas, NV police violate 3rd 4th & 14th amendments

MKEgal

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Jan 8, 2010
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in front of my computer, WI
This. Is. Insane.

Police force their way in to _2_ houses (happening to belong to a couple & their son), remove & arrest the occupants (for obstruction), all to have a base of operations for a DV situation at a nearby house.

The occupants repeatedly told police they did not want to participate and did not consent to officers being there.
I look forward to hearing that these poor people have won a large civil rights suit.

The Mitchells seek punitive damages for violations of the third, fourth and 14th Amendments, assault and battery, conspiracy, defamation, abuse of process, malicious prosecution, negligence and emotional distress.

the cabinets and closet doors throughout the house had been left open and their contents moved about. Water had been consumed from their water dispenser. Even the refrigerator door had been left ajar and mustard and mayonnaise had been left on their kitchen floor.

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

papa bear

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mayberry, nc
they really pulled somebody out of their house to watch another one???
I think this would have violated the third amendment too
 

Grapeshot

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The Mitchells seek punitive damages for violations of the third, fourth and 14th Amendments, assault and battery, conspiracy, defamation, abuse of process, malicious prosecution, negligence and emotional distress.
they really pulled somebody out of their house to watch another one???
I think this would have violated the third amendment too
Was included in the title, the OP and the linked article .

You just missed it :p
 
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DCKilla

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Wet Side, WA
This must be one the most disgusting reports I have ever read. Besides murdering one of the residents or killing the family pet, it can't get any worse.
 
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skidmark

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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.

That ^ is the lead sentence. All the rest is merely the filling in of details. A very good job of doing that.

So the Henderson police believe that "all your house belong to us"? I'll bet the Chief has a pretty nice one - wonder how he'll feel tonight when the town stops by to watch the fireworks and eat snacks[SUP]1[/SUP]. What? You say he thinks watching fireworks on TV is not as important as watching a house where some DV incident is taking place? How droll.

Let's not forget to pepper spray the Chief's dog and let it stay outside all night - exposure to coyotes is almost as bad as exposure to 100*+ heat with no water or shade, right?

The frosting on the cake is that the police did this not once, but twice. First by breaking in the door of Anthony Mitchell's home. Then by (unsuccessfully) coercing and intimidating his father out of the house, and later by bulling their way past his mother while she was telling them to "come back with a warrant".

While a few heads ought to be mounted on poles in front of the Police Department headquarters, I suggest encapsulating them in clear resin after a week or so - make sure the message does not fade away. (Yes, it does deprive some vultures of a meal or two. They will get by.)

stay safe.

[SUP]1[/SUP] - for those that may have forgotten, the colonists were a bit miffed at not only being forced to have the King's soldiers sleeping under their roof but being forced to feed them and not getting reimbursed.

Contrast that with pre-D Day England when US troops were being put up in private homes while the big military camps were being built. Rent and a food allowance was paid. Some patriotic Brits wanted to refuse the payments but were actually forced to accept them, along with an explanation that the US Army was not going to do to them what the British Army had done some 150 years previously.

US Army occupation forces in Europe were often quartered in civillian homes. Some Germans were conflicted between being seen as "collaborating" and greatly improving their situation by accepting the rent & board payments. (Not to mention having an inside source for American cigarettes and mess hall food.)
 

eye95

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Fairborn, Ohio, USA
Was included in the title, the OP and the linked article .

You just missed it :p

If you are correcting the title, I recommend also changing the name of the police department. This is Henderson, a suburb of Las Vegas.

On topic: What possible justification can the police have cited for not taking the clear "no" from the victim?? Did they have a warrant (which should not be issued)? Is there a NV law that permits such a seizure without warrant (which would be unconstitutional)?

Or did they do it just because they have the equipment, manpower, and chutzpah to do so?

I want to hear the Henderson PD try to justify this felonious home invasion.
 

FreeInAZ

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Hederson/ NV. Police seem to suffer from a severe case of rectal cranial inversion. I will do my best to avoid that city until they get their heads out of their @$$ess. :(
 
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eye95

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Can I get a senior citizen discount on the price of a ticket to that event?

stay safe.

Based on what they would have to say, they should pay us for having to listen to it.

Seriously, I cannot fathom the justification they could possibly have!

Folks here know (and some revile me for it) that I do not blindly assume that all adverse police actions are unwarranted and are rights violations, that I really try to understand both sides of the issue before making a judgment. However, what other side could the police possibly have. Is there some law in NV that allows them to commandeer a home?!?

If there is, IMO, it would be unconstitutional. If the courts did not see it that way, the People should be horrified by the possibility that the make it unconstitutional (or, at least, illegal).

I suspect that the justification is that the police in this case saw themselves as the good guys, and anyone who doesn't willingly go along with them must be part of the bad guys. But that is not how our system is supposed to work. The police must have probable cause and (absent exigent circumstances) a piece of paper with a judge's validation of the probable cause to believe that someone is a bad guy before taking the kind of action that they did.

Please, Henderson PD, try to explain this one. I really want to hear it.
 

sidestreet

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C'mon Eye, justify?

If you are correcting the title, I recommend also changing the name of the police department. This is Henderson, a suburb of Las Vegas.

On topic: What possible justification can the police have cited for not taking the clear "no" from the victim?? Did they have a warrant (which should not be issued)? Is there a NV law that permits such a seizure without warrant (which would be unconstitutional)?

Or did they do it just because they have the equipment, manpower, and chutzpah to do so?

I want to hear the Henderson PD try to justify this felonious home invasion.

"Officer safety ,man, Officer safety, yeah dude, Officer safety!!!" Can't you just hear it? Doesn't it make you want to puke? What does it make the rest of you want to do? I'll never tell. This cannot, must not go unpunished.

sidestreet

Jeremiah 29 vs. 11-13

we are not equal, we will never be equal, but we must be relentless.
 

WalkingWolf

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"Officer safety ,man, Officer safety, yeah dude, Officer safety!!!" Can't you just hear it? Doesn't it make you want to puke? What does it make the rest of you want to do? I'll never tell. This cannot, must not go unpunished.

sidestreet

Jeremiah 29 vs. 11-13

we are not equal, we will never be equal, but we must be relentless.

And they will be punished, in the form of a settlement. It really is a punishment for the tax payer, locally and nationwide. Almost every police dept nationwide is receiving massive amounts of federal money in equipment, vehicles, and outright paying the salaries of officers. They are not to concerned with the lawsuits leveled at their local government. Cut the federal payola, and their attitude would change.

Solving many of our problems from top to bottom could be accomplished by reducing the amount of money that the federal government can have created, and the amount they spend. Every single atrocity that happens to us is because of monopoly money.
 

Deanimator

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Rocky River, OH, U.S.A.
Let me say it one more time:

The only EFFECTIVE reaction to police acting like an hostile army of occupation is to TREAT them like one.


  1. Refuse to acknowledge their presence or talk to them in ANY way not mandated by LAW.
  2. Refuse to sell them ANYTHING or provide them with ANY good or service, be it a hamburger or an automobile.
  3. Refuse to believe ANYTHING they say without detailed documented proof.
  4. Refuse to vote for ANY levy or tax intended to fund them, much less increase their funding.
  5. Refuse to vote for ANY politician who does not support this campaign.

You may not be able to stop others from oppressing you. You have NO duty to assist them.
 

sudden valley gunner

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Whatcom County
Let me say it one more time:

The only EFFECTIVE reaction to police acting like an hostile army of occupation is to TREAT them like one.


  1. Refuse to acknowledge their presence or talk to them in ANY way not mandated by LAW.
  2. Refuse to sell them ANYTHING or provide them with ANY good or service, be it a hamburger or an automobile.
  3. Refuse to believe ANYTHING they say without detailed documented proof.
  4. Refuse to vote for ANY levy or tax intended to fund them, much less increase their funding.
  5. Refuse to vote for ANY politician who does not support this campaign.

You may not be able to stop others from oppressing you. You have NO duty to assist them.

+1 And do exactly what you did here, tell others to do the same.
 

OC for ME

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Engaging Posse Comitatus Act?

18USC1385 "Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both. "

Why bother since USCG became the military arm of Incompetano's DHS? The PCA applies only to the United States Army and the United States Air Force.

I worked under one of the authorized exceptions to the PCA, 18 USC § 831, as facility coordinator for the now defunct Joint Army Navy Nuclear Accident Capability
Posse Comitatus Act is not relevant to this thread. Henderson PD is not the Army or Air Force.....obviously.

Claiming a violation of their 3A is the point of my post.

Amendment 3 - Quartering of Soldiers. Ratified 12/15/1791. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Will the cops claim that the cops are in a time of war or that the 3A does not apply to cops. I suspect the 3A violation claim will be dismissed. Any lawyer that would include a 3A violation claim or permit it to be included in the suit needs to reread the 3A.
 

papa bear

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Jul 25, 2010
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mayberry, nc
That ^
[SUP]1[/SUP] - for those that may have forgotten, the colonists were a bit miffed at not only being forced to have the King's soldiers sleeping under their roof but being forced to feed them and not getting reimbursed.

Contrast that with pre-D Day England when US troops were being put up in private homes while the big military camps were being built. Rent and a food allowance was paid. Some patriotic Brits wanted to refuse the payments but were actually forced to accept them, along with an explanation that the US Army was not going to do to them what the British Army had done some 150 years previously.

US Army occupation forces in Europe were often quartered in civillian homes. Some Germans were conflicted between being seen as "collaborating" and greatly improving their situation by accepting the rent & board payments. (Not to mention having an inside source for American cigarettes and mess hall food.)

SKID you forgot to include that this was taking before the supreme court, and they ruled since it wasn't on US soil. then it was OK to do
 

davidmcbeth

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earth's crust
an acutal 3rd amendment case - ya know the 3rd is not incorporated

http://hotair.com/archives/2013/07/05/a-real-3rd-amendment-case/

Ilyah Somin, at The Volokh Conspiracy, highlights one of those stories which normally wouldn’t qualify as anything above “local news” were it not for the interesting constitutional questions involved. The family of Anthony Mitchell, in Henderson, Nevada, just outside of Vegas, have filed a claim which states that the police have violated their third amendment rights.


This may have to go "all the way" ..
 
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