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Police Commandeer Homes, Get Sued
Courthouse News ^ | July 3, 2013 | MEGAN GALLEGOS

Posted on 07/04/2013 8:30:11 AM PDT by Altariel

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To: Arlis

“would it not have been suicidal to attempt to protect oneself from such illegal actions?”

The account lists 5 hostiles attacking. Not good odds, but not suicide either.


41 posted on 07/04/2013 9:21:00 AM PDT by GenXteacher (You have chosen dishonor to avoid war; you shall have war also.)
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To: Altariel

There are certain circumstances in which this behavior might have been somewhat justified.

Such as cops involved in an actual firefight. At that point the necessity to protect human life takes precedence, quite rightly, over the formalities of warrants and such.

For instance, imagine terrorists taking over a school and holding children hostage. Cops should not have to wait for warrants to take tactical positions in adjoining homes.

But that does not appear to have been what was happening in this case.

BTW, I doubt violation of 3rd applies. “Quartering of soldiers” has a pretty specific meaning, and it isn’t cops taking up tactical positions in your home. Other constitutional violations may definitely apply, but not the 3rd.

When such accounts are read, it should be kept in mind that they are one side of a story as written by an attorney. They are not necessarily the truth, whole truth and nothing but.


42 posted on 07/04/2013 9:25:14 AM PDT by Sherman Logan
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To: COBOL2Java
I didn't mean to imply that I was in favor of the Patriot Act.

I did not think you meant that. I was more or less adding to your comment.

43 posted on 07/04/2013 9:28:36 AM PDT by ChildOfThe60s (If you can remember the 60s.....you weren't really there)
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To: GenXteacher
The account lists 5 hostiles attacking. Not good odds, but not suicide either.

Okay, let's assume you engage all five hostiles and wound, kill or drive them all off.

Is that the end of the story?

Hardly. They will call in SWAT. Especially if you managed to kill one or more of the "hostiles," your chance of committing suicide in the long run (as in a couple of hours) is excellent.

You are NOT going to "win" a firefight with the cops. Not if they know who and where you are.

I'm perfectly willing to admit there are circumstances in which it's appropriate to die on a particular hill. But before deciding to engage in a firefight with LEO you should at least be aware that is what you are doing.

44 posted on 07/04/2013 9:29:34 AM PDT by Sherman Logan
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To: Altariel
William Pitt in Parliament in 1763:

"The poorest man may in his cottage bid defiance to all the force of the crown. It may be frail—its roof may shake—the wind may blow through it—the storm may enter, the rain may enter—but the King of England cannot enter—all his force dares not cross the threshold of the ruined tenement."

This is the foundation of the Fourth Amendment.

Time has not made it irrelevant.

45 posted on 07/04/2013 9:32:15 AM PDT by Regulator
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To: Altariel

But this police operation saved hundreds of lives, so we must be willing to trade a small amount of freedom. /s


46 posted on 07/04/2013 9:34:48 AM PDT by UnwashedPeasant
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To: GenXteacher
The account lists 5 hostiles attacking. Not good odds, but not suicide either.

They would all have been wearing body armor. Just have to make sure you aim where G. Gordon Liddy said.

47 posted on 07/04/2013 9:36:16 AM PDT by E. Pluribus Unum (Who could have known that one day professional wrestling would be less fake than professional news?)
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To: Sherman Logan

You may not win the firefight.

But you will stand before God, able to tell Him. “Lord, I defended my wife and the children you gave me, while wicked men attacked me without cause. Forgive me for my trespasses and protect my widow and orphaned children.”

If you are the one invading an innocent man’s home, and you make his wife a widow and his children orphans, it is not the man whom you murdered to whom you will ultimately answer.


48 posted on 07/04/2013 9:44:26 AM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Carl Vehse
This tactic of two or more police yelling conflicting orders at a person has even been shown on the Fox show, "Cops."

Isn't that what caused a legally armed person to lose his life outside of Costco in Las Vegas a couple of years ago?

49 posted on 07/04/2013 9:49:48 AM PDT by JohnG45
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To: Altariel

Bm


50 posted on 07/04/2013 9:52:39 AM PDT by Popman (Godlessness is always the first step to the concentration camp.)
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To: Altariel

Time to fire the Chief of Police, and press criminal charges on all the LEO’s. Every police officer that did not report the abuse of power in their reports should be fired.

If at lease a half a dozen people do not get jail time, this town is screwed. Nobody will ever trust the cops again.


51 posted on 07/04/2013 9:55:55 AM PDT by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
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To: The Working Man

The return of the COSTCO killers.


52 posted on 07/04/2013 9:57:15 AM PDT by PhiloBedo (You gotta roll with the punches and get with what's real.)
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To: Sherman Logan

“You are NOT going to “win” a firefight with the cops.”

Probably not, but I have a duty as a citizen to give battle nonetheless. Read the Declaration of Independence to see why. Sometimes duty has to be put above personal survival.


53 posted on 07/04/2013 10:05:09 AM PDT by GenXteacher (You have chosen dishonor to avoid war; you shall have war also.)
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To: Mark17

The sad thing is dirtbags like this cause the citizenry to not trust police in general. Cops are outnumbered and outgunned, and need citizen at their backs, not at their throats.


54 posted on 07/04/2013 10:05:51 AM PDT by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
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To: Mark17

When will supposedly good cops openly orginize and condemn these crimes we keep seeing. LE couldn’t even condemn the newspaper ladies shooters in the Dorner hunt.

All we ever seem to get from LE is excuses and nonsense about not understanding their job, as though that justifies everything and is a magic pill against public accountability.


55 posted on 07/04/2013 10:08:16 AM PDT by LevinFan
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To: Sherman Logan

When they throw someone out of their house, and help themselves to the fridge, it is quartering of soldiers.

And frankly, an act of war.


56 posted on 07/04/2013 10:11:09 AM PDT by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
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To: Altariel; GenXteacher

I don’t disagree with either of you. All I’m saying is that if you decide to die on that hill, you should be aware that is what you’re deciding to do.

Also that in all likelihood your story will be reported as a killer who ambushed and killed cops just doing their duty.


57 posted on 07/04/2013 10:12:19 AM PDT by Sherman Logan
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To: Altariel

This is way beyond a civil lawsuit. Properly this entire police force should be busted up for egregious civil rights violations. Many of the officers involved in these “peacetime war crimes” need to be behind bars.

In court, this should be treated as no different than if an equal number of Klansmen or neo-Nazis did this. The city of Henderson should be bankrupted by this court case.


58 posted on 07/04/2013 10:18:21 AM PDT by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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To: Arlis

would it not have been suicidal to attempt to protect oneself from such illegal actions?....Was it not a suicidal action to protect yourself from King George? Make a decision, stick by it and carry it out.


59 posted on 07/04/2013 10:18:37 AM PDT by Safetgiver ( Islam makes barbarism look genteel.)
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To: USNBandit

One, cops lost the cooperation when they started treating people as subjects, rather than as citizens to be served and respected.

” The saddest part of this story is that they
were able to assemble so many officers
willing to do something that screwed up,
without somebody saying stop and think
about this.”

Cops no longer question if they should do something. They now only look at our rights and dignity as some obsticle.

Remember, there was no call be LE for punishment of the officers who shot at innocents in the Dorner hunt. Only excuses.


60 posted on 07/04/2013 10:24:09 AM PDT by LevinFan
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