Isn't it a bit late to be closing the barn door?
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 ...
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.
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.
By the definition these knuckleheads have refusing to give an officer a statement would be "obstruction" and that has never been the law.
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”
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.
The court's current go to is to say that the plaintiff does not have standing.
“IF my people; who are called by my name...
Isn't it a bit late to be closing the barn door?
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.
Domestic violence?!?
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.
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.
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”.
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?
What does this have to do with the topic in the article?
“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).
“Can a man be trained to operate a tank in a month?”
If they expect to engage women and children? Probably.
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
I'd HOPE so!
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