Family allegedly forced from home by police files rare Third Amendment suit

gejoslin

gejoslin

Illegitimi non carborundu
Family allegedly forced from home by police files rare Third Amendment suit

By Link Removed
Published July 08, 2013
FoxNews.com

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.
Mitchell alleges the police, upon entering his home, forced him to the floor at gunpoint, then shot him and his “cowering” dog with a few rounds of pepper-spray pellets. Police then allegedly handcuffed and arrested Mitchell in connection with “obstructing a police officer” before occupying his home.
Does this sound like a third amendment lawsuit or they barking up the wrong tree?
What's your opinion?
Rest of the story here
 
I'd have to say that trying to convince the courts that police are soldiers (as mentioned in the 3rd Amendment) is going to be a difficult task. However, in recent times, police have been referred to as paramilitary. If the courts do recognize the police in this fashion, it should be interesting then if police are legally allowed to claim "martial law". Yes, I know they did it in Boston, sort of.
 
I will resist any attempt to commandeer my home by any armed wing of the government with well directed gunfire. This is a violation of law. If not the third amendment, then it is criminal trespassing, assault with a deadly weapon (you KNOW they pointed guns at them), animal cruelty and false arrest for binding the homeowners.
 
I don't think this suit is going anywhere, at least under the 3A. Even though we've all seen police behave like soldiers, I can't picture a court seeing it that way legally. These officers need to be criminally charged and held accountable for this.
 
Did they compensate the family in any way? If not, it sounds more like a Fifth Amendment issue.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
​

Seems to me both the due process and just compensation clauses would apply, and if the cop-shop did compensate them somehow, the due process clause would still apply. It certainly seems unconstitutional to me in any case though. I might come up with another theory or two tomorrow after I've slept. :wink:

Blues
 
All are Signs Of the End of the Age & this Last Generation New World Order Agenda. The "Powers That Be", the globalists,the Illuminati or the architects of the New World Order, they’re all the same people with the same goals. Let me ask you something: What strategy does a cat, of any size use to catch prey? Stealth. Their prey usually knows they’re in the area and can sometimes even see them, but because the cat is hunkered down and still, the potential meal doesn’t feel threatened. The cat will crawl forward very slowly. Crawl: stop. Crawl: stop. And when it gets close enough, it POUNCES on the unsuspecting prey, devouring it with bloody pleasure. What does that have to do with anything? The American people are being stalked─by those whose agenda is to destroy them. Stalk. Stop. Stalk. Stop. Executive order. Stop. For four and a half years, Obama has carried out the globalist’s plan to the letter. If you’ve been awake at all, surely you can see that we’re being set up to be ruled by a Marxist government. Spiritually, America is being devoured from within and will fall. We’re being weakened and moved out of the way to help facilitate the antichrist’s future world rule. He could never assume power if America were still a free people with a Constitutional Republic, because we would never stand for it. So, how is this being accomplished? By: Stealth.

These things are happening in America right now and are the precise steps always taken to move societies into Marxism. They are being instituted by our own corrupt government to ready America for the New World Order─whose supreme leader will be the antichrist. You can expect more and more outrages like this to occur. Get used to it, because that’s the way things are now. They're going to be groping you in bus stations, train stations, subway platforms, entrances to malls and movie theaters. There will be military checkpoints to sit through so they can, for no probable cause whatsoever, demand to search your car, just for the heck of it. They’ll be drunk on the power they have over you, and it will be very clear there’s nothing you can do about it. It’s not coming folks. It’s already here! The evil in this world is growing stronger, more violent and cruel every day. Even those who are unsaved sense it and feel uneasy. They should be scared! Time is very short. Maranatha!
 
jcreek said:
^Can you even make one post without spouting your apocalyptic religious mumbo-jumbo?
Click to expand...

The problem is that he's been doing it for so long that whatever interest was there, is now lost. But hey, what better way to spread this mumbo jumbo than on a 2A advocacy website.....:what:

Sent from my NSA screened Smartphone
 
Scoffing has hit a whole new level but be of good cheer, it means the hour is very late. :dance3:
 
Ringo said:
All are Signs Of the End of the Age & this Last Generation New World Order Agenda. The "Powers That Be", the globalists,the Illuminati or the architects of the New World Order, they’re all the same people with the same goals. Let me ask you something: What strategy does a cat, of any size use to catch prey? Stealth. Their prey usually knows they’re in the area and can sometimes even see them, but because the cat is hunkered down and still, the potential meal doesn’t feel threatened. The cat will crawl forward very slowly. Crawl: stop. Crawl: stop. And when it gets close enough, it POUNCES on the unsuspecting prey, devouring it with bloody pleasure. What does that have to do with anything? The American people are being stalked─by those whose agenda is to destroy them. Stalk. Stop. Stalk. Stop. Executive order. Stop. For four and a half years, Obama has carried out the globalist’s plan to the letter. If you’ve been awake at all, surely you can see that we’re being set up to be ruled by a Marxist government. Spiritually, America is being devoured from within and will fall. We’re being weakened and moved out of the way to help facilitate the antichrist’s future world rule. He could never assume power if America were still a free people with a Constitutional Republic, because we would never stand for it. So, how is this being accomplished? By: Stealth.

These things are happening in America right now and are the precise steps always taken to move societies into Marxism. They are being instituted by our own corrupt government to ready America for the New World Order─whose supreme leader will be the antichrist. You can expect more and more outrages like this to occur. Get used to it, because that’s the way things are now. They're going to be groping you in bus stations, train stations, subway platforms, entrances to malls and movie theaters. There will be military checkpoints to sit through so they can, for no probable cause whatsoever, demand to search your car, just for the heck of it. They’ll be drunk on the power they have over you, and it will be very clear there’s nothing you can do about it. It’s not coming folks. It’s already here! The evil in this world is growing stronger, more violent and cruel every day. Even those who are unsaved sense it and feel uneasy. They should be scared! Time is very short. Maranatha!
Click to expand...
Believe it or not, scoff or not, mumbo-jumbo or not, it has been going on for over 100 years and is beyond repair. Beating up and making fun of the messenger doesn't make it go away. If you think that America is not a socialistic country, compare the America of today and that of 1900. They really don't resemble each other, in many, many more ways than technology.
 
Anyone and I do mean anyone attempting to move through my front door without my permission will be in a major gun fight. Without a warrant you will be given 30 seconds to leave peacefully.
 
Nightmare45 said:
Anyone and I do mean anyone attempting to move through my front door without my permission will be in a major gun fight. Without a warrant you will be given 30 seconds to leave peacefully.
Click to expand...

I agree 100%, in principle. However, from a practical standpoint, the next thing that happens is the police turn you into Swiss cheese and then burn your house down with their flash-bangs and kill your dog.
 
jcreek said:
^Can you even make one post without spouting your apocalyptic religious mumbo-jumbo?
Click to expand...

I can't imagine living is a state of such paralyzing and irrational self-fabricated fears. Wonder how or why he bothers to get out of bed everyday, sad.
 
XD40scinNC said:
I can't imagine living is a state of such paralyzing and irrational self-fabricated fears. Wonder how or why he bothers to get out of bed everyday, sad.
Click to expand...

You and jcreek (and others too) have it exactly 180° out of phase. Ringo fears nothing for himself in this world, he fears for y'all that you will not experience the calm, joyful peace that comes with knowing what comes next for him and his brothers and sisters in Christ.

How he gets out of bed every day is easy; God saved him earlier this year from a condition that his doctors say less than 3% of human beings survive, and that a much smaller percentage who live an almost one-hour med-flight helicopter ride to the nearest hospital well-equipped enough to deal with it survive.

Why he gets out of bed every day is easy too. It's (partially) to help all those he has the potential to reach accept Christ as their Savior. He does nothing but share his faith and understanding of scriptural prophecy with anyone, you included. He knows as well as every Christian since Christ ascended why folks ridicule and denigrate him for it. That too was prophesied, and has been the willful burden to endure of Christians for over 2,000 years, just in case you think you're onto some original thought here or something. Clearly, you lack the imagination to compose such.

Maranatha!

Blues
 
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