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Old 07-04-2013, 07:41 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."
Quote:
"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.
Quote:
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, 06:09 PM   #136
BigMeatballDave BigMeatballDave is online now
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Originally Posted by Johnny Vegas View Post
pretty vague how its laughably absurd, but coming from you thats a given you can't give me a reason why.
Mandate breathalyzers?

You can't see how ridiculous that is?

Who is going to pay to have these put in?
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Old 07-07-2013, 06:11 PM   #137
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Originally Posted by Johnny Vegas View Post
pretty vague how its laughably absurd, but coming from you thats a given you can't give me a reason why.
Ok, you're right. I shouldn't just immediately dismiss your idea. Please lay out your plan to force everyone to install breathalyzers in their vehicles. I can't wait to hear this.
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Old 07-07-2013, 06:18 PM   #138
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In Illinois a law was passed to require all previous DUI offenders to install a breathalyzer in their cars. So it is out there. Also bartenders are adapting to the laws that are changing and making it a priority not to serve anyone thats is intoxicated or they face jail time for serving someone intoxicated if that person is caught driving drunk even. You already see drink tickets in brewerys and it works out pretty well. People are limited to 4 beers at the brewery. You can argue they can just go to another bar and get drinks, but again with bartenders watching those who they serve they won't serve an intoxicated patron.
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Old 07-07-2013, 06:23 PM   #139
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I guarantee you'll get an insurance credit if you install a breathalyzer in your car basically paying for itself after a year. You get credit for having a car alarm installed why not a breathalyzer?
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Old 07-07-2013, 06:38 PM   #140
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This:

Quote:
Originally Posted by Johnny Vegas View Post
checkpoints ain't going to do jack ****ing shit. if you want to prevent drunk driving put in legislation to mandate breathalyzers in every car. Bars could limit drinks per customer by issuing drink tickets and once you're out you can't buy another drink. There are ways other than a checkpoint to curb drunk driving.
Is not the same as:

Quote:
Originally Posted by Johnny Vegas View Post
In Illinois a law was passed to require all previous DUI offenders to install a breathalyzer in their cars. So it is out there. Also bartenders are adapting to the laws that are changing and making it a priority not to serve anyone thats is intoxicated or they face jail time for serving someone intoxicated if that person is caught driving drunk even. You already see drink tickets in brewerys and it works out pretty well. People are limited to 4 beers at the brewery. You can argue they can just go to another bar and get drinks, but again with bartenders watching those who they serve they won't serve an intoxicated patron.
And expecting bars to track the amount of alcohol each patron is consuming is next to impossible. There's no way to know if customers are giving others their tickets and yes they can go to other bars as well. It's extremely flawed and would likely be less effective than the checkpoints allegedly are.
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Old 07-07-2013, 06:48 PM   #141
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Originally Posted by dmahurin View Post
DUI checkpoints at best are 2% effective. My family realizes that and while upset a family member was killed by a drunk driver, they are smart enough to realize checkpoints are useless.
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)?
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Old 07-07-2013, 06:49 PM   #142
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Quote:
Originally Posted by Johnny Vegas View Post
In Illinois a law was passed to require all previous DUI offenders to install a breathalyzer in their cars. So it is out there. Also bartenders are adapting to the laws that are changing and making it a priority not to serve anyone thats is intoxicated or they face jail time for serving someone intoxicated if that person is caught driving drunk even. You already see drink tickets in brewerys and it works out pretty well. People are limited to 4 beers at the brewery. You can argue they can just go to another bar and get drinks, but again with bartenders watching those who they serve they won't serve an intoxicated patron.
.... yeah. Bartenders everywhere turning away business for the sake of safety. That'll happen for sure...
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Old 07-07-2013, 06:52 PM   #143
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Originally Posted by Bugeater View Post
This:


Is not the same as:



And expecting bars to track the amount of alcohol each patron is consuming is next to impossible. There's no way to know if customers are giving others their tickets and yes they can go to other bars as well. It's extremely flawed and would likely be less effective than the checkpoints allegedly are.
I've bartended and its not hard at all to see who had their fill. Ive turned away plenty that have had their fill. Drink tickets have a number and name on them so as hard as some have tried to trick the bartender to get an extra beer it never works. If there was a breathalyzer in their car it'd be hard to drive to the next bar or even home if they footed it from bar or bar regardless if they were't previous offenders wouldn't it? Just take a nap in the car until you blow 0 or take a cab. It'll do more good than harm if it came standard in new cars and I know damn well parents would feel their kid is less likely to drive drunk if one was installed. I recall 7 people I knew that died as a result of drinking and driving in just high school.
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Old 07-07-2013, 06:54 PM   #144
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Quote:
Originally Posted by Johnny Vegas View Post
checkpoints ain't going to do jack ****ing shit. if you want to prevent drunk driving put in legislation to mandate breathalyzers in every car. Bars could limit drinks per customer by issuing drink tickets and once you're out you can't buy another drink. There are ways other than a checkpoint to curb drunk driving.
Every drunk driver caught at a checkpoint is the exact opposite of "ain't going to do jack ****ing shit". It's one less drunk driver in the street and one less potential for a fatal accident.

Bars shouldn't have to track patrons drinks. If I want to go out and get shit faced, I should be able to do so. It hold be my responsibility as an adult to make sure I either have a DD or other means to get home safely. It's all about personal responsibility.
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Old 07-07-2013, 06:55 PM   #145
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Then you are a ****ing moron.

Do you think your Aunt feels the same way as you? Why don't you tell her your views and see if she agrees with you.
Quote:
A 2009 University of Maryland study found that checkpoints don't have "any impact on public perceptions, driver behaviors or alcohol-related crashes, police citations for impaired driving and public perceptions of alcohol-impaired driving risk."

County police should employ roving - or saturation - patrols in which officers patrol the roadways for dangerous drivers. State Supreme Court cases from both Pennsylvania and New Hampshire revealed that roving patrols caught 10 times more drunken drivers than checkpoints.

According to the FBI, "It is proven that saturation efforts will bring more DUI arrests than sobriety checkpoints."
http://www.summitdaily.com/article/2...TTER/120829894

Quote:
According to the Governor's Highway Safety Office in Columbus -- the group that doles out federal money in the form of state grants to ''sobriety task forces'' in 10 counties -- 117,858 drivers have gone through ''sobriety checkpoints'' in Ohio since last October.

That's one driver for every 65 licensed drivers in the state. And that doesn't include checkpoints run by the Ohio State Highway Patrol or local agencies.

Of those 117,858 drivers the equivalent of 51/2 sell-out crowds at Quicken Loans Arena only 485 were arrested for operating a motor vehicle under the influence of alcohol (OVI).

Even if every one of those 485 people was found guilty which was not the case that's a drunk-catching success rate of less than one-half of 1 percent.

Far more people were caught driving under suspension (611) and driving without a license (507). The highest total by far was for ''other citations,'' which included seat-belt violations. That number was 1,277.
http://www.ohio.com/news/sobriety-ch...ctive-1.100059
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Old 07-07-2013, 06:55 PM   #146
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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...
If you only knew. Bartenders have to take training to catch those intoxicated. State laws are changing quick. Try getting more than two drinks within an hour at a bar in Washington or Arizona. I bet you'll be told to have a water instead.
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Old 07-07-2013, 06:59 PM   #147
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Quote:
Originally Posted by Johnny Vegas View Post
I've bartended and its not hard at all to see who had their fill. Ive turned away plenty that have had their fill. Drink tickets have a number and name on them so as hard as some have tried to trick the bartender to get an extra beer it never works. If there was a breathalyzer in their car it'd be hard to drive to the next bar or even home if they footed it from bar or bar regardless if they were't previous offenders wouldn't it? Just take a nap in the car until you blow 0 or take a cab. It'll do more good than harm if it came standard in new cars and I know damn well parents would feel their kid is less likely to drive drunk if one was installed. I recall 7 people I knew that died as a result of drinking and driving in just high school.
The breathalyzers installed in people's cars after getting a DUI continually pull in air from the vehicle to check for alcohol in the air. That means even if you are sober you can't give anyone a ride that has been drinking. The breathalyzer will pick up the alcohol in the air and shut the engine off. I guess I can't say all of them work this way, but the ones in Kansas do.
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Old 07-07-2013, 07:01 PM   #148
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Originally Posted by LoneWolf View Post
Every drunk driver caught at a checkpoint is the exact opposite of "ain't going to do jack ****ing shit". It's one less drunk driver in the street and one less potential for a fatal accident.

Bars shouldn't have to track patrons drinks. If I want to go out and get shit faced, I should be able to do so. It hold be my responsibility as an adult to make sure I either have a DD or other means to get home safely. It's all about personal responsibility.
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.
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Old 07-07-2013, 07:09 PM   #149
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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.
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Old 07-07-2013, 07:11 PM   #150
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Bottom line: it's OK for that idiot to act that way.

It's NOT OK for the cops to respond in that manner.
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This is a test for a client's site.
A new website that shows member-created construction site listings that need fill or have excess fill. Dirt Monkey @ https://DirtMonkey.net
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