Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Family allegedly forced from home by police files rare 3rd Amendment suit
Fox News.com ^ | July 8, 2013 | Joseph Weber

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 ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; US: Nevada
KEYWORDS: anthonymitchell; nevada; policeharrassment; thirdamendment
Navigation: use the links below to view more comments.
first 1-5051-59 next last

1 posted on 07/08/2013 4:01:44 PM PDT by Kaslin
[ Post Reply | Private Reply | View Replies]

To: Kaslin

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.


2 posted on 07/08/2013 4:07:15 PM PDT by George from New England (escaped CT in 2006, now living north of Tampa)
[ Post Reply | Private Reply | To 1 | View Replies]

To: George from New England

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.


3 posted on 07/08/2013 4:12:12 PM PDT by Carbonsteel
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kaslin

The court will rule they aren’t soldiers and it was necessary for “public safety” and “for the children”.

Nothing to see here. Next!


4 posted on 07/08/2013 4:12:25 PM PDT by varyouga
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

In a case like that, there are two things that must happen: getting even, and not getting caught.


5 posted on 07/08/2013 4:13:55 PM PDT by Born to Conserve
[ Post Reply | Private Reply | To 1 | View Replies]

To: varyouga

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.


6 posted on 07/08/2013 4:25:40 PM PDT by HiTech RedNeck (Whatever promise that God has made, in Jesus it is yes. See my page.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Carbonsteel

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”””!


7 posted on 07/08/2013 4:26:02 PM PDT by Calif4Palin (President Palin sounds so good....)
[ Post Reply | Private Reply | To 3 | View Replies]

To: George from New England

Godwin’s Law.


8 posted on 07/08/2013 4:30:58 PM PDT by colorado tanker
[ Post Reply | Private Reply | To 2 | View Replies]

To: Carbonsteel; Kaslin

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.


9 posted on 07/08/2013 4:32:52 PM PDT by colorado tanker
[ Post Reply | Private Reply | To 3 | View Replies]

To: colorado tanker

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.


10 posted on 07/08/2013 4:39:36 PM PDT by HiTech RedNeck (Whatever promise that God has made, in Jesus it is yes. See my page.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: colorado tanker

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.


11 posted on 07/08/2013 4:41:06 PM PDT by HiTech RedNeck (Whatever promise that God has made, in Jesus it is yes. See my page.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Kaslin

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.


12 posted on 07/08/2013 4:44:27 PM PDT by Kartographer ("We mutually pledge to each other our lives, our fortunes and our sacred honor.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: George from New England

Cops should get back to their primary mission: Raising money for the welfare State.


13 posted on 07/08/2013 4:44:44 PM PDT by Uncle Miltie (If youÂ’re happy and you know it clank your chains!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: colorado tanker

“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...


14 posted on 07/08/2013 5:01:31 PM PDT by kearnyirish2 (Affirmative action is economic war against white males (and therefore white families).)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Kaslin
Very interesting case. Recently I have thought our founding fathers would have problems with the NSA being in our home listening to our conversations. There is a reason why the 3rd Amendment comes before the 4th. Quartering soldiers leads to information to obtain papers and effects. The NSA spying is simply quartering soldiers by proxy.

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.

15 posted on 07/08/2013 5:04:03 PM PDT by ConservativeInPA (.Molon Labe - shall not be questioned)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kearnyirish2
My only point is the Third Amendment has never been recognized by the courts as a basis for damages. I understand the analogy to the function of troops in Colonial America where police forces as we know them today didn't exist.

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.

16 posted on 07/08/2013 5:05:00 PM PDT by colorado tanker
[ Post Reply | Private Reply | To 14 | View Replies]

To: colorado tanker

I’m surprised there is even a discussion once the property owner says “no”. You’re right, it shouldn’t even come to this.


17 posted on 07/08/2013 5:07:57 PM PDT by kearnyirish2 (Affirmative action is economic war against white males (and therefore white families).)
[ Post Reply | Private Reply | To 16 | View Replies]

To: kearnyirish2
It would be interesting to hear the discussion between the prosecutor and the cops.

You did WHAT without the property owner's permission without even attempting to get a warrant? And then you CHARGED them?

18 posted on 07/08/2013 5:15:28 PM PDT by colorado tanker
[ Post Reply | Private Reply | To 17 | View Replies]

To: colorado tanker

“You did WHAT without the property owner’s permission without even attempting to get a warrant? And then you CHARGED them?”

Absolutely!


19 posted on 07/08/2013 5:28:25 PM PDT by kearnyirish2 (Affirmative action is economic war against white males (and therefore white families).)
[ Post Reply | Private Reply | To 18 | View Replies]

To: Kaslin

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.


20 posted on 07/08/2013 5:30:48 PM PDT by ConradofMontferrat (According to mudslymz, my handle is a HATE CRIME. And I HOPE they don't like it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: colorado tanker

Since our police are no longer police, but a militarized occupation force, I think the 3rd argument is going to become relevant.

Police were once police. Now they are the strong arm of the fedgov.

Vampire Slayer?

Cops need to step up to the plate and decide which side they are on.


21 posted on 07/08/2013 5:39:16 PM PDT by ConradofMontferrat (According to mudslymz, my handle is a HATE CRIME. And I HOPE they don't like it.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: kearnyirish2; All; Kaslin; colorado tanker; ConservativeInPA; Uncle Miltie; Kartographer; ...

This Fox News article has left out important details.

The police allegedly PLOTTED to remove this family from their home.

Police Commandeer Homes, Get Sued (3rd Amendment issue)
http://www.freerepublic.com/focus/f-news/3039369/posts

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.’”

Also
Cross posting
A real 3rd amendment case?

http://www.freerepublic.com/focus/f-news/3039500/posts

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.


22 posted on 07/08/2013 5:45:17 PM PDT by Whenifhow
[ Post Reply | Private Reply | To 19 | View Replies]

To: Whenifhow
It really is an outrageous case. Their attorney should advise them to just get their checkbook out.

By the definition these knuckleheads have refusing to give an officer a statement would be "obstruction" and that has never been the law.

23 posted on 07/08/2013 5:49:16 PM PDT by colorado tanker
[ Post Reply | Private Reply | To 22 | View Replies]

To: Carbonsteel
“All it takes for evil to succeed is for a few good men to do nothing...” ― Edmund Burke
24 posted on 07/08/2013 6:01:58 PM PDT by The Working Man
[ Post Reply | Private Reply | To 3 | View Replies]

To: varyouga

I’d like to be on the jury, in a case like this there is no difference in uniformed armed military or uniformed armed police and having no warrant does make a difference. This was not an emergency situation but a surveliance situation. To be forced to cooperate at gunpoint is not being asked to cooperate. I would personally like to cooperate if possible with police but leaving my home and turning it over to them overa domestic dispute appears to unreasonable. This sounds to me that more than likely a high up in the department suspects a spouse, boy or girlfriend of sleeping around. Surveliance over a domestic dispute seems “over the top”


25 posted on 07/08/2013 6:18:19 PM PDT by duffee (NO poll tax, NO tax on firearms, ammunition or gun safes. NO gun free zones.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Kaslin
I firmly believe that those who act with deliberate abuse of power in law enforcement should face the death penalty.

I also believe the home owner would have been in their rights to shoot these so called Leo's. I for one would not convict.

26 posted on 07/08/2013 7:24:39 PM PDT by Drill Thrawl (The Gubment Has No Legitimacy. It needs to be Removed!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: varyouga
The court will rule they aren’t soldiers and it was necessary for “public safety” and “for the children”.

The court's current go to is to say that the plaintiff does not have standing.

27 posted on 07/08/2013 7:28:28 PM PDT by Drill Thrawl (The Gubment Has No Legitimacy. It needs to be Removed!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: HiTech RedNeck

“IF my people; who are called by my name...


28 posted on 07/08/2013 7:30:53 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
[ Post Reply | Private Reply | To 6 | View Replies]

To: duffee
Sigh...




Isn't it a bit late to be closing the barn door?

29 posted on 07/08/2013 7:34:41 PM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
[ Post Reply | Private Reply | To 25 | View Replies]

To: kearnyirish2

Regardless of the 3rd Amendment issue, the Gestapo-like actions of these LEOs is indefensible! A good lawyer should have these people in his & hers Rolls before the end of the year.


30 posted on 07/08/2013 7:46:14 PM PDT by AKinAK
[ Post Reply | Private Reply | To 17 | View Replies]

To: Kaslin

Domestic violence?!?


31 posted on 07/08/2013 8:11:48 PM PDT by Mamzelle
[ Post Reply | Private Reply | To 1 | View Replies]

To: colorado tanker

Agreed. The cops should have asked politely and offered recompense to make it worth their while to do so. And if they still said “no”...come up with a better plan.


32 posted on 07/08/2013 10:07:09 PM PDT by BradyLS (DO NOT FEED THE BEARS!)
[ Post Reply | Private Reply | To 9 | View Replies]

To: duffee
I would personally like to cooperate if possible with police but leaving my home and turning it over to them overa domestic dispute appears to unreasonable.

My thinking, too. Pinhole cameras and recording devices could do that trick without occupying the neighbor's house, but it is so seldom that domestic disputes garner this much attention from police departments.

This sounds to me that more than likely a high up in the department suspects a spouse, boy or girlfriend of sleeping around.

Bingo--or someone's sister is married to a creep. (or someone is holding out on 'the man', and they want to nail them for it).

Surveliance over a domestic dispute seems “over the top”

Yep.

33 posted on 07/09/2013 12:04:41 AM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
[ Post Reply | Private Reply | To 25 | View Replies]

To: Kaslin

If every one of those cops had been shot and killed they would have gotten what they deserved.

Another dog shooting today in Houston. An off duty cop was walking with his wife and kid and their dog when two kids chased a ball over a fence. The kids’ dog followed them and the off duty cop killed it. Witnesses said the cop stuck the gun to the dog’s neck point blank and shot it in front of the kids and the kids’ father. The cop says he and his wife and dog suffered injuries and that can be confirmed by a constable. Yeah, right. Another thin blue line.

And state of Texas law forbids anyone from being compensated for pain and suffering for the killing of a pet. Some laws in Texas are way too “wild west”.


34 posted on 07/09/2013 12:09:57 AM PDT by VerySadAmerican (If you vote for evil because you can't see evil, you ARE evil!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: kearnyirish2

Military tanks attacked the Mt. Carmel compound. But they SAY that was okay because FBI agents driving them had been trained for 30 days at Ft. Hood. I’ll never believe that. Can a man be trained to operate a tank in a month?


35 posted on 07/09/2013 12:13:02 AM PDT by VerySadAmerican (If you vote for evil because you can't see evil, you ARE evil!)
[ Post Reply | Private Reply | To 14 | View Replies]

To: VerySadAmerican

What does this have to do with the topic in the article?


36 posted on 07/09/2013 3:23:52 AM PDT by Kaslin (He needed the ignorant to reelect him, and he got them. Now we all have to pay the consequenses)
[ Post Reply | Private Reply | To 34 | View Replies]

To: AKinAK

“A good lawyer should have these people in his & hers Rolls before the end of the year.”

LOL; you’re right (though we’ll get the bill).


37 posted on 07/09/2013 4:07:32 AM PDT by kearnyirish2 (Affirmative action is economic war against white males (and therefore white families).)
[ Post Reply | Private Reply | To 30 | View Replies]

To: VerySadAmerican

“Can a man be trained to operate a tank in a month?”

If they expect to engage women and children? Probably.


38 posted on 07/09/2013 4:08:20 AM PDT by kearnyirish2 (Affirmative action is economic war against white males (and therefore white families).)
[ Post Reply | Private Reply | To 35 | View Replies]

To: Carbonsteel

I know Mike Mitchell. I don’t think he has much money. But he does have one thing going for him. He is very smart, so is his son who denied the cops entry.

Good guy, great wife and family.
I wish him luck


39 posted on 07/09/2013 4:29:26 AM PDT by winodog
[ Post Reply | Private Reply | To 3 | View Replies]

To: VerySadAmerican
Can a man be trained to operate a tank in a month?

I'd HOPE so!

40 posted on 07/09/2013 4:47:43 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
[ Post Reply | Private Reply | To 35 | View Replies]

To: winodog

I wish him luck as well and I will throw a prayer in on top that.


41 posted on 07/09/2013 6:25:55 AM PDT by Carbonsteel
[ Post Reply | Private Reply | To 39 | View Replies]

To: VerySadAmerican

.>>Can a man be trained to operate a tank in a month?<<

That’s 176 hours of training. Four times what the captain who crashed the 777 at SFO had. Yes, a man be trained to operate a tank in a month.


42 posted on 07/09/2013 6:31:28 AM PDT by B4Ranch (AGENDA: Grinding America Down ----- http://vimeo.com/63749370)
[ Post Reply | Private Reply | To 35 | View Replies]

To: VerySadAmerican

.>>Can a man be trained to operate a tank in a month?<<

That’s 176 hours of training. Four times what the captain who crashed the 777 at SFO had. Yes, a man be trained to operate a tank in a month.


43 posted on 07/09/2013 6:31:28 AM PDT by B4Ranch (AGENDA: Grinding America Down ----- http://vimeo.com/63749370)
[ Post Reply | Private Reply | To 35 | View Replies]

To: Kaslin
Related:

How did America’s police become a military force on the streets?

44 posted on 07/09/2013 6:58:49 AM PDT by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

Almighty God,

We make our earnest prayer that Thou wilt keep the United States in Thy Holy protection; and Thou wilt incline the hearts of the Citizens to cultivate a spirit of subordination and obedience to Government; and entertain a brotherly affection and love for one another and for their fellow Citizens of the United States at large, and particularly for their brethren who have served in the Field.

And finally that Thou wilt most graciously be pleased to dispose us all to do justice, to love mercy, and to demean ourselves with that Charity, humility, and pacific temper of mind which were the Characteristics of the Divine Author of our blessed Religion, and without a humble imitation of whose example in these things we can never hope to be a happy nation. Grant our supplication, we beseech Thee, through Jesus Christ our Lord. Amen.

—George Washington


45 posted on 07/09/2013 7:14:51 AM PDT by OPS4 (Ops4 God Bless America!Jesus is Lord)
[ Post Reply | Private Reply | To 1 | View Replies]

To: VerySadAmerican

Some laws in Texas are way too “wild west”.

Maybe but I prefer them over any other states laws.


46 posted on 07/09/2013 7:29:37 AM PDT by Resolute Conservative
[ Post Reply | Private Reply | To 34 | View Replies]

To: Elsie
Isn't it a bit late to be closing the barn door?

No, it is not. Not regarding abusive behaviour by armed agents of the state, not regarding border security, not regarding the ongoing slaughter of the unborn ...

47 posted on 07/09/2013 7:37:13 AM PDT by ArrogantBustard (Western Civilization is Aborting, Buggering, and Contracepting itself out of existence.)
[ Post Reply | Private Reply | To 29 | View Replies]

To: Carbonsteel

Thanks. I realized its been over 10 years since I saw them. Seemed like yesterday for a minute there.


48 posted on 07/09/2013 8:03:09 AM PDT by winodog
[ Post Reply | Private Reply | To 41 | View Replies]

To: ArrogantBustard

Agreed.

We can always buy a new horse.


49 posted on 07/09/2013 9:07:55 AM PDT by Elsie (Heck is where people, who don't believe in Gosh, think they are not going...)
[ Post Reply | Private Reply | To 47 | View Replies]

To: Kaslin

Too many cops who are lose cannons and have no idea what the constitution says.


50 posted on 07/09/2013 10:34:56 AM PDT by VerySadAmerican (If you vote for evil because you can't see evil, you ARE evil!)
[ Post Reply | Private Reply | To 36 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-59 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson