Posted on 07/05/2013 1:08:48 PM PDT by 2ndDivisionVet
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.
LAS VEGAS (CN) – 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…
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.”
Because it comes up so infrequently, a quick refresher course on the 3rd:
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.
The Courthouse News article linked above has all the specifics, but the bottom line certainly does make the actions of the police look questionable. The cops were investigating a domestic violence complaint involving one of Mitchell’s neighbors and determined that they wanted to set up shop in Mitchell’s house to keep an eye on the other residence. When Mitchell declared that he didn’t wish to become involved and declined, the cops busted down his door with a ram, arrested him, and took over the residence anyway.....
(Excerpt) Read more at hotair.com ...
Well I only thought it would ever get to be 9 out of 10... then all of a sudden... whoops....
Gotta update my list....
Ain’t got a right to free speech or religion if you are a christian, Ain’t got a right to arms, something about quartering troops, Got no knock warrants and the NSA, Due process and eminent domain are gone, Speedy trials are now media show trials, federal juries are unreliable boot lickers, Cruel and unusual punishment for citizens compared to aliens of the same offense, the 9th is ignored by the 9th circus courts, and the 10th has turned from being a protector of liberty to the justifacion of “wickard” people who have not had their “fill-born” of federal power.....
Updated:
Ain’t got a right to free speech or religion if you are a christian, Ain’t got a right to arms, Police in Nevada claiming private residence for themselves, Got no knock warrants and the NSA, Due process and eminent domain are gone, Speedy trials are now media show trials, federal juries are unreliable boot lickers, Cruel and unusual punishment for citizens compared to aliens of the same offense, the 9th is ignored by the 9th circus courts, and the 10th has turned from being a protector of liberty to the justifacion of “wickard” people who have not had their “fill-born” of federal power.....
There, updated to reflect 10 out of 10 sections of the Bill of Civil Rights violated.
Cops did the same thing to residents during the hunt for the Boston bombers.
I would Like to support that Suit but I don’t think it will go anywhere on 3rd Amendment Grounds because these are not Federal Troops.This is a Police SWAT team.
If it were the other-way around they would have grounds to sue but not under the third amendment.
Not for nothing they have plenty of other things to sue over.They should use those Items.
“When Mitchell declared that he didn’t wish to become involved and declined, the cops busted down his door with a ram, arrested him, and took over the residence anyway.....”
After all that commotion, how could the police still imagine that they could conduct covert surveillance on the neighbours?
What do ya think the Boston take over was? Para military forces invading and displacing the civilian population for one lil mudslime fool? It’s like he has a check list of violations.
Probably also violates the Takings Clause if no money was offered for the intrusion.
If we assume that the 3rd amendment doesn’t apply, for whatever stupid reason, by what power and jurisdiction did the cops ram down his door and arrest him? I’ll have to read it again - I didn’t see what he was charged with.
See Post #7. Although I think it’s more likely there is a violation of the state Constitution that applies, since they usually have more restrictions on state power than the Federal one.
> ... these are not Federal Troops. This is a Police SWAT team.
SWAT is paramilitary, so shouldn’t it fall under posse comitatus.
SWAT is paramilitary, so shouldn’t it fall under posse comitatus.
SWAT Teams are Locally Based Police Units so they would NOT be covered under the Posse Comitatus act.
I wish it were the case but its not.The Police can dress in any uniform they like.That does not make them Federal Troops or even National Guard or Reserve Troops.
That’s a 4th amendment infringement.
He was charged with insubordination to a superior government agent.
Wow. One can be arrested for obstructing a police officer while peacefully residing in one’s home. Jack-booted thugs is what they are. He may win the case, but no government employees will be punished
Law Enforcement Agencies Obtaining Record Amount of Surplus
Let’s not forget...
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
Who cares about the rule of law anymore?
The locals do whatever the feds order them to do.
How else do you account for seat belt laws, child safety seat laws, nationalized speed limits, universal DWI laws with ridiculously low BAC limits, "Click It Or Ticket" checkpoints or a thousand other things?
In the U.S. today, the city PD = the county PD = the state PD = the feds.
post for later read
I’m thinking breaking and entering, kidnapping, assault with a deadly weapon, destruction of private property, what else...can they apply RICO?
Heck, get the SPCA in there...they hurt and scared the crap out of the dog.
The cops should have been on the receiving end of a recently emptied magazine!
They damaged private property, entered without a warrant, if I were on a jury it would be justifiable self defense.
With the usual suspects dancing all over every other article in the Bill of Rights these days it is not unreasonable for average citizens to push back against the JBT at every turn. When a shooting at a elementary school by a whacked out socially disconnected youth is used to push gun control legislation and 1st amendment rights are being dissolved daily, I say bravo for the Mitchells.
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