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Old 07-04-2013, 06:41 PM  
ReynardMuldrake ReynardMuldrake is offline
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Nevada police seize house, arrest homeowners for 'tactical advantage.'

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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.

Henderson, pop. 257,000, is a suburb of Las Vegas.

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.

"On the morning of July 10th, 2011, officers from the Henderson Police Department responded to a domestic violence call at a neighbor's residence," the Mitchells say in the complaint.

It continues: "At 10:45 a.m. defendant Officer Christopher Worley (HPD) contacted plaintiff Anthony Mitchell via his telephone. 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. Although Worley continued to insist that plaintiff should leave his residence, plaintiff clearly explained that he did not intend to leave his home or to allow police to occupy his home. Worley then ended the phone call.

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." (Waller is identified as a defendant in the body of the complaint, but not in the heading of it.)

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.'"

At a few minutes before noon, at least five defendant officers "arrayed themselves in front of plaintiff Anthony Mitchell's house and prepared to execute their plan," the complaint states.

It continues: "The officers banged forcefully on the door and loudly commanded Anthony Mitchell to open the door to his residence.

"Surprised and perturbed, plaintiff Anthony Mitchell immediately called his mother (plaintiff Linda Mitchell) on the phone, exclaiming to her that the police were beating on his front door.

"Seconds later, officers, including Officer Rockwell, smashed open plaintiff Anthony Mitchell's front door with a metal ram as plaintiff stood in his living room.

"As plaintiff Anthony Mitchell stood in shock, the officers aimed their weapons at Anthony Mitchell and shouted obscenities at him and ordered him to lie down on the floor.

"Fearing for his life, plaintiff Anthony Mitchell dropped his phone and prostrated himself onto the floor of his living room, covering his face and hands.

"Addressing plaintiff as 'asshole', officers, including Officer Snyder, shouted conflicting orders at Anthony Mitchell, commanding him to both shut off his phone, which was on the floor in front of his head, and simultaneously commanding him to 'crawl' toward the officers.

"Confused and terrified, plaintiff Anthony Mitchell remained curled on the floor of his living room, with his hands over his face, and made no movement.
"Although plaintiff Anthony Mitchell was lying motionless on the ground and posed no threat, officers, including Officer David Cawthorn, then fired multiple 'pepperball' rounds at plaintiff as he lay defenseless on the floor of his living room. Anthony Mitchell was struck at least three times by shots fired from close range, injuring him and causing him severe pain."

Officers then arrested him for obstructing a police officer, searched the house and moved furniture without his permission and set up a place in his home for a lookout, Mitchell says in the complaint.

He says they also hurt his pet dog for no reason whatsoever: "Plaintiff Anthony Mitchell's pet, a female dog named 'Sam,' was cowering in the corner when officers smashed through the front door. Although the terrified animal posed no threat to officers, they gratuitously shot it with one or more pepperball rounds. The panicked animal howled in fear and pain and fled from the residence. Sam was subsequently left trapped outside in a fenced alcove without access to water, food, or shelter from the sun for much of the day, while temperatures outside soared to over 100 degrees Fahrenheit."
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"Meanwhile, starting at approximately 10:45 a.m., police officers entered the back yard of plaintiffs Michael Mitchell and Linda Mitchell's residence at 362 Eveningside Avenue. The officers asked plaintiff Michael Mitchell if he would be willing to vacate his residence and accompany them to their 'command center' under the guise that the officers wanted Michael Mitchell's assistance in negotiating the surrender of the neighboring suspect at 363 Eveningside Avenue. Plaintiff Michael Mitchell reluctantly agreed to follow the officers from his back yard to the HPD command center, which was approximately one quarter mile away," the complaint states.

"When plaintiff Michael Mitchell arrived at the HPD command center, he was informed that the suspect was 'not taking any calls' and that plaintiff Michael Mitchell would not be permitted to call the suspect neighbor from his own phone. At that time, Mr. Mitchell realized that the request to accompany officers to the HPD command center was a tactic to remove him from his house. He waited approximately ten minutes at the HPD command center and was told he could not return to his home.

"Plaintiff Michael Mitchell then left HPD command center and walked down Mauve Street toward the exit of the neighborhood. After walking for less than five minutes, an HPD car pulled up next to him. He was told that his wife, Linda Mitchell, had 'left the house' and would meet him at the HPD command center. Michael Mitchell then walked back up Mauve Street to the HPD command center. He called his son, James Mitchell, to pick him up at the HPD command center. When plaintiff Michael Mitchell attempted to leave the HPD command center to meet James, he was arrested, handcuffed and placed in the back of a marked police car.

"Officers had no reasonable grounds to detain plaintiff Michael Mitchell, nor probable cause to suspect him of committing any crime.
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Police took Anthony and Michael Mitchell to jail and booked them for obstructing an officer. They were jailed for at least nine hours before they bailed out, they say in the complaint. All criminals charged were dismissed with prejudice. They claim the defendants filed the baseless criminal charges "to provide cover for defendants' wrongful actions, to frustrate and impede plaintiffs' ability to seek relief for those actions, and to further intimidate and retaliate against plaintiffs."

None of the officers were ever subjected to official discipline or even inquiry, the complaint states.
https://www.courthousenews.com/2013/07/03/59061.htm
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Old 07-07-2013, 06:22 PM   #151
LoneWolf LoneWolf is offline
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Originally Posted by Johnny Vegas View Post
But let's say you get home safe and pass out choke to death with your vomit in your sleep. You bet your ass your family members and the state come after the bar you were last at and haul the bar owner and bartender to prison. It's happened so many times.
I understand that bars have been held liable for patrons injuries after leaving the bar. I just don't believe they should be. We have become an overly litigious society and have gotten away from personal responsibility.
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Old 07-07-2013, 06:27 PM   #152
J Diddy J Diddy is offline
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Originally Posted by Fish View Post
.... yeah. Bartenders everywhere turning away business for the sake of safety. That'll happen for sure...
You're full of shit if you don't think it happens. Hell KCnut made a thread a long time ago about being refused a beer because they thought he was intoxicated and he hadn't even been drinking.
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Old 07-07-2013, 06:50 PM   #153
Just Passin' By Just Passin' By is offline
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Originally Posted by LoneWolf View Post
Jesus your a ****ing idiot. What percentage of drivers on the road do you think are drunk drivers? I hope there aren't more than 1 or 2 drivers out of a hundred that are drunk. I measure success rate as the number of drunk drivers that pull into a checkpoint that are actually caught at the checkpoint vs. the number that get through the checkpoint without being detected.
You're spouting nothing but bullshit and you're calling others idiots? The next intelligent thing you post in this thread will be your first. Try to get this into that lump of shit you call a brain: you had told someone that they were making up the 2% rate

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What if the driver that killed your uncle would have been part of the 2% (completely bullshit number pulled out of your bullshit ass by the way)?
so I cited to an article which noted an even lower rate, and pointed to people talking about the lack of success with the DUI checkpoints in comparison to the saturation patrols.
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Old 07-07-2013, 06:58 PM   #154
LoneWolf LoneWolf is offline
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Originally Posted by Just Passin' By View Post
You're spouting nothing but bullshit and you're calling others idiots? The next intelligent thing you post in this thread will be your first. Try to get this into that lump of shit you call a brain: you had told someone that they were making up the 2% rate



so I cited to an article which noted an even lower rate, and pointed to people talking about the lack of success with the DUI checkpoints in comparison to the saturation patrols.
And I asked you what percentage of drivers on the road do you think are drunk drivers? DUI checkpoints will never catch more than that percentage. Saturation patrols have a better percentage because they aren't stationary, are harder to avoid, and they don't stop every driver on the road. Pull your head out of your ass. It's not a ****ing hat.
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Old 07-07-2013, 07:07 PM   #155
BigMeatballDave BigMeatballDave is offline
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Originally Posted by Alex Smith HATER View Post
Bottom line: it's OK for that idiot to act that way.

It's NOT OK for the cops to respond in that manner.
Act like a dipshit, and fully expect to be treated like one.
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Old 07-07-2013, 07:26 PM   #156
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Originally Posted by J Diddy View Post
You're full of shit if you don't think it happens. Hell KCnut made a thread a long time ago about being refused a beer because they thought he was intoxicated and he hadn't even been drinking.
I don't doubt that it happens on a few very very rare occasions. But thinking that your average bartender cares about the sobriety of the patrons is pretty stupid. I frequent enough bars to know that idea is bullshit. It's an impossible law to enforce, and I bet you could use one hand to count the number of convictions in the past 10 years. Using Nut's story as proof is pretty laughable....
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Old 07-07-2013, 07:44 PM   #157
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You already see drink tickets in brewerys and it works out pretty well. People are limited to 4 beers at the brewery.
That's because they are giving out FREE samples.
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Old 07-07-2013, 07:57 PM   #158
J Diddy J Diddy is offline
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Originally Posted by Fish View Post
I don't doubt that it happens on a few very very rare occasions. But thinking that your average bartender cares about the sobriety of the patrons is pretty stupid. I frequent enough bars to know that idea is bullshit. It's an impossible law to enforce, and I bet you could use one hand to count the number of convictions in the past 10 years. Using Nut's story as proof is pretty laughable....
At least I have some evidence. Seems like you're only offering speculation.
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Old 07-07-2013, 08:05 PM   #159
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At least I have some evidence. Seems like you're only offering speculation.
By all means, provide evidence to the contrary.
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Old 07-07-2013, 08:13 PM   #160
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Not having to talk to a chickenshit cop would be worth it.
You're such a pansy
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