Skip to comments.Family allegedly forced from home by police files rare 3rd Amendment suit
Posted on 07/08/2013 4:01:44 PM PDT by Kaslin
A Nevada family is using a rare legal argument in a lawsuit claiming police tried to commandeer their homes for a surveillance operation and then arrested the homeowners for resisting -- invoking the Third Amendment, which bars soldiers from being "quartered" in a residence without permission.
The Mitchell family, in a lawsuit filed July 1, detailed the incident from July 10, 2011. According to the complaint, it all began when the Henderson city police called Anthony Mitchell that morning to say they needed his house to gain tactical advantage in a domestic violence investigation in the neighborhood.
The situation turned ugly when Mitchell refused repeated requests to leave and police smashed through the door, the 18-page complaint states.
(Excerpt) Read more at foxnews.com ...
So wrong on so many levels. This is just the way the Gestapo operated in Nazi Germany. The City should just step forward an admit fault and fire those involved, but no, every citizen has to be dragged into court to get any justice today.
Those paid to protect us from the criminals ARE MORE criminal themselves.
I don’t know why the homeowners are wasting their money to fight this.
Public servants are almost never held accountable for their misdeeds.
Unless they have money to flush, I don’t see it’s worth fighting over.
The court will rule they aren’t soldiers and it was necessary for “public safety” and “for the children”.
Nothing to see here. Next!
In a case like that, there are two things that must happen: getting even, and not getting caught.
what’s worse, the forcible taking or the chorus of hopelessness being raised here? if we wonder where the people’s power has gone... it’s not because of bad politics or bad plans or even bad people... it’s because of bad theology... we’ve LOST OUR GRIP ON THE GOSPEL PROMISE. I ain’t selling you no patent religion or some sect you’ll find under some private roof and nobody else’s. I’m selling you the Holy Spirit who is everywhere and the bible which can be had at any bookstore in a plethora of versions.
So you say give up your rights and not fight for what you believe in? Just sit back and go with the flow?
Not me, when my rights are taken away when I did nothing wrong, that is VERY wrong and we as Americans need to stand up and say “””NO”””!
Actually, I think they have a great case. The Third Amendment thing is way out there, but their civil rights claims based on the Fourth and Fourteenth Amendments look pretty good to me. The police had no right at all to do this.
Can the cynicism. Evil operates very much alike wherever it pops up in a national system. Nazis gassed Jews. The good ole USA grinds up unborn babies. The pagans of old left babies to die in walls as sacrifices to their wicked gods.
Evil is so widespread that nobody wants to “bell the cat.” They’ll be the next mouse eaten if they do.
Only the literal power of God can cut through this spiritual crap.
They should have issued a shelter in place order and then assigned an officer to make sure the order was obeyed. Many would have been fine with that.
Cops should get back to their primary mission: Raising money for the welfare State.
“The Third Amendment thing is way out there”
I agree with them completely; they shouldn’t be forced to house gubmint troops. The way our cops are equipped nowadays (combat boots, black BDU panys, etc.), these people have a great point.
We have a variation of the “Quartering Act” playing out all over our country today, as taxpayers are required (not in their own homes) to quarter wards of the state. If you end up with a “protected person” living in one of your rental units, then you’re required to quarter them on your own property...
Notice that the 2nd amendment provides individuals with the ability to protect their 1st amendment rights, but also makes soldiers wary of violating people's 3rd amendment rights.
I just don't think a judge would risk reversal on a new legal theory where well-established legal theories should give this family relief.
I’m surprised there is even a discussion once the property owner says “no”. You’re right, it shouldn’t even come to this.
You did WHAT without the property owner's permission without even attempting to get a warrant? And then you CHARGED them?
“You did WHAT without the property owner’s permission without even attempting to get a warrant? And then you CHARGED them?”
Oinkers being oinkers.
BureaKaRATZ need to learn, they suck at the public tit. It’s the public that PAYS them.
They are NOT gods, nor demigods. They are LOWLY PUBLIC SERVANTS.
And they need to be collared, and brought to their knees to heal.
All involved with this case need to LOSE THEIR HOMES via civil suit. It’s the only thing a bueauKaRATZ understands.
When their scut kids go hungry, then they will bleat: “But we were just following orders! Boo Hoo!”
HEY RATZ, better read up on what happened at the trials at Nuremberg and Tokyo, when RATZ like yourselves pleaded, with tears in eyes, “but when we rounded them up, we were JUST FOLLOWING ORDERS!”
Hint; they got up close and personal with hemp rope.
RATZ make me sick.