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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. |
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[#1]
I think Indiana passed a law that would make it legal for us to defend or homes against such a thing.
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[#3]
I think an actual jury would have come to a different conclusion.
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[#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. |
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[#6]
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. |
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[#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).
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[#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.
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[#11]
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[#12]
I weep for my children's future.
This is not going to go well. |
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[#13]
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[#14]
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[#15]
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. |
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[#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
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[#18]
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 |
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[#20]
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 View All Quotes 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. |
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[#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. |
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[#22]
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[#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.
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[#24]
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? |
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[#25]
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. |
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[#26]
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. |
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[#27]
Quoted:
Actually, they are. It's a SWAT TEAM. View Quote View All Quotes View All Quotes Quoted:
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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. |
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[#28]
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[#29]
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That's quickly becoming a distinction without a difference. View Quote View All Quotes View All Quotes Quoted:
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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. |
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[#30]
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 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. |
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[#31]
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). |
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[#32]
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 View All Quotes 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. |
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[#34]
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[#35]
Quoted:
That's quickly becoming a distinction without a difference. View Quote View All Quotes View All Quotes Quoted:
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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. |
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[#36]
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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? |
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[#37]
3rd amendment does not apply to police, dumb legal theory is that all they sued for?
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[#38]
"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. |
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[#40]
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[#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. |
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[#42]
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[#43]
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[#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. |
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[#47]
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[#48]
That guy got the "when keepin' it real goes wrong" lesson...twice.
Idiot. |
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[#49]
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/ |
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[#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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