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Posted: 3/30/2015 9:45:33 AM EDT
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The only pretext a SWAT team needs to temporarily seize your property is to use it as an observation post in an emergency situation, a federal judge in Nevada has ruled.





Police even have the right to smash down your door with a battering ram without a warrant and shoot you with pepper balls in order to take over your property, US District Court Judge Andrew Gordon concluded in a case called Anthony Mitchell v. City of Henderson. Mitchell and his parents sued the city of Henderson, a Las Vegas suburb, because of events on July 10, 2013.





"Doe Officers 1-10 pointed firearms at the Plaintiffs through their windows and at the homes of several neighbors,” Gordon wrote. "When Michael photographed Doe Officer 1 — a member of the NLVPD SWAT team — through a window of Michael’s home, that officer pointed his firearm at Michael.”





The officers are called Doe because they are not identified in the complaint. NLVPD refers to the North Las Vegas Police Department.





"Doe Officers 1-10 … then shot Anthony with ‘pepperball’ rounds at close range,” Gordon wrote. A pepperball is a non-lethal projectile made from chili pepper that some law enforcement agencies use. "The officers also shot Anthony’s dog Sam, who had been cowering in the corner of the room, with at least one ‘pepperball’ round. Sam panicked, howled in pain, and fled from the house. He ended up trapped in a fenced alcove in the backyard without food or water for nearly the entire day in 100-degree heat.





Approximately 30 minutes later, Doe Officers 21-30 entered the Parents’ backyard, again without a warrant or permission,” Gordon wrote. "The officers knocked on the back door and demanded that Linda open the door. Linda complied, but told them that they could not enter without a warrant. The officers ignored her, entered through the back door, and began searching the home. Doe Officer 21 (a female) forcibly grabbed Linda, began to pull her out of the house, seized her purse and ‘began rummaging through it’ without consent.”





Anthony and Michael Mitchell were arrested on charges of obstructing an officer and held in jail for the night. The charges against them were later dropped.





View Quote

What in the world is going on?
 



edit-I edited the title, the court decision only threw out the third amendment claim, there is still a lawsuit pending for the other claims against the police officers involved in entering the homes and arresting the occupants.
Link Posted: 3/30/2015 9:47:55 AM EDT
[#1]
I think Indiana passed a law that would make it legal for us to defend or homes against such a thing.
Link Posted: 3/30/2015 9:49:55 AM EDT
[#2]
Should have listed them as "Do'h" instead of "Doe..".
Link Posted: 3/30/2015 9:50:44 AM EDT
[#3]
I think an actual jury would have come to a different conclusion.
Link Posted: 3/30/2015 9:51:06 AM EDT
[#4]
Not a fledgling police state, nope.

The fact that officers even believed they COULD do that without a prior ruling tells you that LEAs use the Constitution for a doormat.
Link Posted: 3/30/2015 9:51:07 AM EDT
[#5]
Well, if you have nothing to hide...
Link Posted: 3/30/2015 9:52:03 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I think Indiana passed a law that would make it legal for us to defend or homes against such a thing.
View Quote


I'm pretty fucking sure its already covered in the Constitution.

Regardless, when it comes to my domicile, I am 100% in the 'shoot first, ask questions later (if at all)' camp when it comes to anyone kicking in my door.
Link Posted: 3/30/2015 9:52:04 AM EDT
[#7]
This is just common sense folks. Come on!







Link Posted: 3/30/2015 9:52:58 AM EDT
[#8]
Such a decision needs to be overturned.  Of course, we're spiraling into a fascist state as witnessed by the Pat-Ryet Act and the NDAA '12 (passed Dec. 30, 2011).
Link Posted: 3/30/2015 9:53:19 AM EDT
[#9]
I hope they're prepared to take it by force.


Link Posted: 3/30/2015 9:55:33 AM EDT
[#10]
I'm going to put in a placeholder  just to see  how many folks don't actually read the ruling. Be back around page 40 or so.
Link Posted: 3/30/2015 9:55:48 AM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Well, if you have nothing to hide...
View Quote


Your kidding right?
Link Posted: 3/30/2015 9:55:57 AM EDT
[#12]
I weep for my children's future.

This is not going to go well.
Link Posted: 3/30/2015 9:56:20 AM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I hope they're prepared to take it by force.
View Quote



Actually, they are.  It's a SWAT TEAM.
Link Posted: 3/30/2015 9:56:53 AM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I hope they're prepared to take it by force.
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be assured, they are
Link Posted: 3/30/2015 9:57:07 AM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'm going to put in a placeholder  just to see  how many floks don't actually read the ruling. Be back around page 40 or so.
View Quote


Link us to the ruling before you go.

So far, based on the description, it sounds like they saw someone pointing a thing at them through the window and believed it was a firearm.
Link Posted: 3/30/2015 9:57:53 AM EDT
[#16]
Link Posted: 3/30/2015 9:58:25 AM EDT
[#17]
Police can do anything they want......I thought I lived in a free country, just make some thing illegal legal so officers can do whatever they want whenever they want...I'm sorry if someone kicks my door in at anytime I'm responding as if it's a home invasion
Link Posted: 3/30/2015 9:58:39 AM EDT
[#18]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I think Indiana passed a law that would make it legal for us to defend or homes against such a thing.
View Quote

No. Indiana passed a law that protects homeowners in the tragic scenario where a no knock warrant is served at the wrong address and the homeowner accidentally shoots and or kills a police officer because they had no reason to suspect the police would be raiding their house and thought it was intruders. If the homeowner sees and acknowledges that is indeed police entering their home they will fave murder charges.

Posted Via AR15.Com Mobile
Link Posted: 3/30/2015 9:58:49 AM EDT
[#19]
FROM MY CHEETO DUST STAINED HANDS!!1!!1!!!
Link Posted: 3/30/2015 9:58:55 AM EDT
[#20]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


I'm pretty fucking sure its already covered in the Constitution.

Regardless, when it comes to my domicile, I am 100% in the 'shoot first, ask questions later (if at all)' camp when it comes to anyone kicking in my door.
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I think Indiana passed a law that would make it legal for us to defend or homes against such a thing.


I'm pretty fucking sure its already covered in the Constitution.

Regardless, when it comes to my domicile, I am 100% in the 'shoot first, ask questions later (if at all)' camp when it comes to anyone kicking in my door.


You're absolutely right. Unfortunately you'd end up dreaded if swat decided they wanted your house one day.
Link Posted: 3/30/2015 9:58:59 AM EDT
[#21]

Quoted:


link




The only pretext a SWAT team needs to temporarily seize your property is to use it as an observation post in an emergency situation, a federal judge in Nevada has ruled.



Police even have the right to smash down your door with a battering ram without a warrant and shoot you with pepper balls in order to take over your property, US District Court Judge Andrew Gordon concluded in a case called Anthony Mitchell v. City of Henderson. Mitchell and his parents sued the city of Henderson, a Las Vegas suburb, because of events on July 10, 2013.



"Doe Officers 1-10 pointed firearms at the Plaintiffs through their windows and at the homes of several neighbors,” Gordon wrote. "When Michael photographed Doe Officer 1 — a member of the NLVPD SWAT team — through a window of Michael’s home, that officer pointed his firearm at Michael.”



The officers are called Doe because they are not identified in the complaint. NLVPD refers to the North Las Vegas Police Department.



"Doe Officers 1-10 … then shot Anthony with ‘pepperball’ rounds at close range,” Gordon wrote. A pepperball is a non-lethal projectile made from chili pepper that some law enforcement agencies use. "The officers also shot Anthony’s dog Sam, who had been cowering in the corner of the room, with at least one ‘pepperball’ round. Sam panicked, howled in pain, and fled from the house. He ended up trapped in a fenced alcove in the backyard without food or water for nearly the entire day in 100-degree heat.



Approximately 30 minutes later, Doe Officers 21-30 entered the Parents’ backyard, again without a warrant or permission,” Gordon wrote. "The officers knocked on the back door and demanded that Linda open the door. Linda complied, but told them that they could not enter without a warrant. The officers ignored her, entered through the back door, and began searching the home. Doe Officer 21 (a female) forcibly grabbed Linda, began to pull her out of the house, seized her purse and ‘began rummaging through it’ without consent.”



Anthony and Michael Mitchell were arrested on charges of obstructing an officer and held in jail for the night. The charges against them were later dropped.



View Quote






What in the world is going on?
View Quote


Most city police are out of control?  That's what's going on.  



 
Link Posted: 3/30/2015 9:59:11 AM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'm going to put in a placeholder  just to see  how many folks don't actually read the ruling. Be back around page 40 or so.
View Quote

Do SWAT teams receive federal money and training?

I read the ruling and disagree with it.
Link Posted: 3/30/2015 9:59:49 AM EDT
[#23]
To think that the Third Amendment does not prohibit this is the same as thinking that the Second Amendment means that the only National Guard should be armed.
Link Posted: 3/30/2015 10:00:25 AM EDT
[#24]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Police can do anything they want......I thought I lived in a free country, just make some thing illegal legal so officers can do whatever they want whenever they want...I'm sorry if someone kicks my door in at anytime I'm responding as if it's a home invasion
View Quote


Notice how nobody ever says "It's a free country" anymore?
Link Posted: 3/30/2015 10:00:45 AM EDT
[#25]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
To think that the Third Amendment does not prohibit this is the same as thinking that the Second Amendment means that the only National Guard should be armed.
View Quote


Police aren't soldiers.

Edit: By the way, the 3rd allows for soldiers to be quartered in people's homes.  Read it all the way through.  
Link Posted: 3/30/2015 10:01:50 AM EDT
[#26]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Police aren't soldiers.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
To think that the Third Amendment does not prohibit this is the same as thinking that the Second Amendment means that the only National Guard should be armed.


Police aren't soldiers.


That's quickly becoming a distinction without a difference.

Link Posted: 3/30/2015 10:03:30 AM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Actually, they are.  It's a SWAT TEAM.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I hope they're prepared to take it by force.



Actually, they are.  It's a SWAT TEAM.

Prepared would also mean mentally.  Unless you also mean that a SWAT team is mentally prepared to use force to take an innocent man's house as an observation post.

Although I think we all know the answer to that.
Link Posted: 3/30/2015 10:03:53 AM EDT
[#28]

Discussion ForumsJump to Quoted PostQuote History
Quoted:
Actually, they are.  It's a SWAT TEAM.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Quoted:

I hope they're prepared to take it by force.







Actually, they are.  It's a SWAT TEAM.


I bet i have more ammo



 
Link Posted: 3/30/2015 10:03:58 AM EDT
[#29]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


That's quickly becoming a distinction without a difference.

View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
To think that the Third Amendment does not prohibit this is the same as thinking that the Second Amendment means that the only National Guard should be armed.


Police aren't soldiers.


That's quickly becoming a distinction without a difference.



Not really.
Link Posted: 3/30/2015 10:04:15 AM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Police aren't soldiers.

Edit: By the way, the 3rd allows for soldiers to be quartered in people's homes.  Read it all the way through.  
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
To think that the Third Amendment does not prohibit this is the same as thinking that the Second Amendment means that the only National Guard should be armed.


Police aren't soldiers.

Edit: By the way, the 3rd allows for soldiers to be quartered in people's homes.  Read it all the way through.  



Police aren't soldiers.
Link Posted: 3/30/2015 10:04:33 AM EDT
[#31]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'm going to put in a placeholder  just to see  how many folks don't actually read the ruling. Be back around page 40 or so.
View Quote


Care to share with the class? seems like they clearly violated the 4th amendment when they searched the houses they where supposedly only using as an observation post in an emergency situation (a legitimate reason to enter a home).
Link Posted: 3/30/2015 10:06:24 AM EDT
[#32]

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Quoted:
Care to share with the class? seems like they clearly violated the 4th amendment when they searched the houses they where supposedly only using as an observation post in an emergency situation (a legitimate reason to enter a home).
View Quote View All Quotes
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Quoted:



Quoted:

I'm going to put in a placeholder  just to see  how many folks don't actually read the ruling. Be back around page 40 or so.




Care to share with the class? seems like they clearly violated the 4th amendment when they searched the houses they where supposedly only using as an observation post in an emergency situation (a legitimate reason to enter a home).


The judge dismissed the case, I have no idea what ruling he's talking about. He loves his police state, however.





 
Link Posted: 3/30/2015 10:06:38 AM EDT
[#33]
Link Posted: 3/30/2015 10:07:30 AM EDT
[#34]
Link Posted: 3/30/2015 10:07:32 AM EDT
[#35]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


That's quickly becoming a distinction without a difference.

View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
To think that the Third Amendment does not prohibit this is the same as thinking that the Second Amendment means that the only National Guard should be armed.


Police aren't soldiers.


That's quickly becoming a distinction without a difference.



You are correct that it is a mild distinction.  Looking at it from the FF's POV, at the time the British Soldiers were actually the king's LEOs.
Link Posted: 3/30/2015 10:08:49 AM EDT
[#36]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Not really.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Quoted:
Quoted:
To think that the Third Amendment does not prohibit this is the same as thinking that the Second Amendment means that the only National Guard should be armed.


Police aren't soldiers.


That's quickly becoming a distinction without a difference.



Not really.

Do you believe the founding fathers meant that all manner of government agents could be quartered in citizens' homes but only if they reported to the Department of Defense they are prohibited?
Link Posted: 3/30/2015 10:09:14 AM EDT
[#37]
Link Posted: 3/30/2015 10:09:14 AM EDT
[#38]
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Quoted:


Your kidding right?
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Quoted:
Quoted:
Well, if you have nothing to hide...


Your kidding right?

"If you have nothing to hide, you have nothing to fear." is a quote attributed to Joseph Goebbles in 1933 but with no reference.

While I'm certain that the phrase has been used many times prior to this, we have another attribution with context that cites Upton Sinclair.

Not merely was my own mail opened, but the mail of all my relatives and friends—people residing in places as far apart as California and Florida. I recall the bland smile of a government official to whom I complained about this matter: ‘If you have nothing to hide you have nothing to fear.’


I'm relatively certain that it's meant sarcastically every time I see it here in GD.
Link Posted: 3/30/2015 10:09:15 AM EDT
[#39]
Link Posted: 3/30/2015 10:09:45 AM EDT
[#40]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Your kidding right?
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Well, if you have nothing to hide...


Your kidding right?

Duh
Link Posted: 3/30/2015 10:10:44 AM EDT
[#41]
No, they really can't, at least not the first few.

I doubt you will have too many teams willing after the first dozen or so are killed.
Link Posted: 3/30/2015 10:11:13 AM EDT
[#42]

Discussion ForumsJump to Quoted PostQuote History
Quoted:


3rd amendment does not apply to police, dumb legal theory is that all they sued for?
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Try actually reading the article.





 
Link Posted: 3/30/2015 10:11:18 AM EDT
[#43]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'm going to put in a placeholder  just to see  how many folks don't actually read the ruling. Be back around page 40 or so.
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No one will, just like no one did back when the ruling first came out.
Link Posted: 3/30/2015 10:12:14 AM EDT
[#44]
Says the police have their own version of events
Link Posted: 3/30/2015 10:12:32 AM EDT
[#45]
well.... since my new in ground house i will be building will be made of poured 10" thick concrete...( seriously).... i guess i will have to get a nice door to match.


knock knock knock
me.......who is it?!?!
swat......sherriffs dept swat !  we need your house to use as a op.  open up, or we will bust the door down.














Link Posted: 3/30/2015 10:13:08 AM EDT
[#46]
This was the case in which the complaint filed the case on violation of the 3rd Amendment.



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.




Yeah... hence why it was ruled against the complaint.
Link Posted: 3/30/2015 10:13:14 AM EDT
[#47]
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Quoted:
3rd amendment does not apply to police, dumb legal theory is that all they sued for?
View Quote


No, they also sued for a quite a few other things, many of which are still proceeding, like 1st and 4th amendment violation claims.
Link Posted: 3/30/2015 10:14:29 AM EDT
[#48]
That guy got the "when keepin' it real goes wrong" lesson...twice.  

Idiot.  

Link Posted: 3/30/2015 10:14:36 AM EDT
[#49]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


Link it when you find it.
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Quoted:
Quoted:
I'm going to put in a placeholder  just to see  how many folks don't actually read the ruling. Be back around page 40 or so.


Link it when you find it.

Clink on the little PDF symbol next to the number 48 to download it.

http://www.plainsite.org/dockets/trquaiui/nevada-district-court/mitchell-et-al-v-city-of-henderson-nevada-et-al/
Link Posted: 3/30/2015 10:17:19 AM EDT
[#50]
I really don't mean to sound cynical, but police are going to get shot over this, and then what? Americans are already very grumpy thanks to Obama The Great Divider. I know if someone broke into my home without issuing a warrant I will immediately go into defensive mode. I have a family to think about. I'm pretty sure our Founding Fathers would not support this garbage.
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