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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."
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 07-06-2013, 12:12 AM   #76
Count Zarth Count Zarth is offline
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That guy did nothing wrong. The cop got all nasty because he didn't want to roll his window down all the way. That's his constitutional right.
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Old 07-06-2013, 12:13 AM   #77
Just Passin' By Just Passin' By is offline
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Originally Posted by suzzer99 View Post
Well since the MSN author lists nothing but the OP's site as his source, I'm still skeptical. So we have some guy, and some other guy. They could be the same writer pimping his own work for all we know.

Due to the internet echo chamber/automated blog pimping for pay-per-click ads, any viral article like this is going to have 100s of hits in a day. But a lot of times when you trace them it's all from one source.

I'm not saying the article isn't true. I'd just like to see another source before I believe it.
How about the Las Vegas Review Journal?

http://www.reviewjournal.com/news/cr...ng-their-homes
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Old 07-06-2013, 12:36 AM   #78
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Originally Posted by Alex Smith HATER View Post
That guy did nothing wrong. The cop got all nasty because he didn't want to roll his window down all the way. That's his constitutional right.
Bullshit.

That's a perfect way for someone to pretend like they're complying while they're hiding a weapon behind a tinted, barely cracked open window.

I would like to think they pistol whipped the little ****er once they had him out of the car, then sliced open all his upholstery while "searching" for drugs.
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Old 07-06-2013, 01:07 AM   #79
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Originally Posted by mikey23545 View Post
Bullshit.

That's a perfect way for someone to pretend like they're complying while they're hiding a weapon behind a tinted, barely cracked open window.

I would like to think they pistol whipped the little ****er once they had him out of the car, then sliced open all his upholstery while "searching" for drugs.
Wut?
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Old 07-06-2013, 01:23 AM   #80
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Originally Posted by Alex Smith HATER View Post
That guy did nothing wrong. The cop got all nasty because he didn't want to roll his window down all the way. That's his constitutional right.
It's a dui checkpoint. How exactly was the officer to determine if he was driving under the influence when the driver hid behind the window? IMO, his actions produced the appearance that he was under the influence and warranted the investigation.

Also, how is one to be certain that what he stated was true?


You probably thought that The Purge was a good movie concept didn't you?
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Old 07-06-2013, 01:36 AM   #81
Just Passin' By Just Passin' By is offline
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Originally Posted by J Diddy View Post
It's a dui checkpoint. How exactly was the officer to determine if he was driving under the influence when the driver hid behind the window? IMO, his actions produced the appearance that he was under the influence and warranted the investigation.

Also, how is one to be certain that what he stated was true?


You probably thought that The Purge was a good movie concept didn't you?
To the best of your knowledge, what laws did the driver of the vehicle violate?

http://forums.officer.com/forums/arc.../t-142318.html
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Old 07-06-2013, 01:46 AM   #82
J Diddy J Diddy is offline
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Originally Posted by Just Passin' By View Post
To the best of your knowledge, what laws did the driver of the vehicle violate?

http://forums.officer.com/forums/arc.../t-142318.html
I'm not really sure how a forum discussion on a speeding ticket relates to this case. Could you please elaborate?

Also, it states on your speeding ticket forum that nothing was suspected, however, admittedly this guy stated that the officer said the drug dog went off.

I'm not 100% clear of the location of this stop (probably said but I didn't notice) and don't know the dui checkpoint laws because, to my understanding, they vary state by state.

However, everything else being equal, isn't there an awful lot being taken on faith by the public concerning this man's word?
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Old 07-06-2013, 05:05 AM   #83
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Originally Posted by J Diddy View Post
It's a dui checkpoint. How exactly was the officer to determine if he was driving under the influence when the driver hid behind the window? IMO, his actions produced the appearance that he was under the influence and warranted the investigation.

Also, how is one to be certain that what he stated was true?


You probably thought that The Purge was a good movie concept didn't you?
That is bullshit. The cops will write "strong smell of alcoholic beverages" from 20 feet away.
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Old 07-06-2013, 05:47 AM   #84
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The asshole in Clay's video was looking for trouble and he got exactly what he was looking for. Why else would he have a camera set up pointing directly at his driver side window?

At a DUI checkpoint, the police at least need to be able to see and smell inside the vehicle for the checkpoint to be effective. Only cracking your window and acting suspicious gives the police the indication that you are hiding something. It makes their job harder and aggravating. They were there to try to get drunk drivers off the road. Does anyone have a problem with this? I for one want the police to do everything they legally can to stop people from driving drunk.
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Old 07-06-2013, 07:56 AM   #85
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Originally Posted by Alex Smith HATER View Post
**** cops.

Dude **** this little punk. He was instigating this whole thing before he ever got there or he wouldn't have had the camera positioned and everything the way he did. This little punk was trying to start some shit. If you go looking for trouble and you find it. It is still your fault since you went looking.
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Old 07-06-2013, 11:23 AM   #86
Just Passin' By Just Passin' By is offline
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Originally Posted by J Diddy View Post
I'm not really sure how a forum discussion on a speeding ticket relates to this case. Could you please elaborate?
The comments in that line of discussion should have made that plain to see, and there was even one post specifically discussing a DUI stop:

Quote:
I heard about this in the Academy as a stunt drivers pull to get out of DUI's. First guy that pulled it on me I was ready for. I walked up to his passenger window instead when I went back with his citation, he rolled down the window on the passenger side while keeping the drivers window cracked. Created a good airstream for me to fully smell the alcohol. He got a DUI on that stop.
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Originally Posted by J Diddy View Post
Also, it states on your speeding ticket forum that nothing was suspected, however, admittedly this guy stated that the officer said the drug dog went off.
There were several different examples given. It wasn't just about speeding tickets. The thread was about just rolling the window down a crack and its legality. That was the question that started it off, as a matter of fact.

Quote:
Here’s the scenario:

1. Male is pulled over for speeding.
2. He chooses to only roll down his window 2 inches, just enough for oral communication to take place and for tickets/license/etc to be passed through the window.
3. He is acting normally and there is nothing suspicious such as the scent of alcohol or drugs.

Questions:

1. Would you ask him to roll down his window all the way?
2. If he respectfully refused, would there be legal justification for you to arrest him/break his window.

Note: I realize that you probably would not like it if someone did this, and that by doing this the individual is increasing his chances of getting a ticket. That being said I’m mainly interested in the legality of the situation and would appreciate serious responses.
I'm not sure if you missed that part.

I, personnally, found the thread illuminating as to just how petty a lot of the officers were willing to admit to being about people daring to exercise their rights. LA Dep was a particularly vivid example of this:

Quote:
No and No to your questions.....

and it increases his 'chance' of getting a ticket to 100%.......as well as maybe conducting a safety inspection of his vehicle.....just to make sure all his equipment was in good working order.....
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Originally Posted by J Diddy View Post
However, everything else being equal, isn't there an awful lot being taken on faith by the public concerning this man's word?
No. I simply asked you what laws he'd violated and pointed you to a police officer's forum where they were acknowledging that just rolling the window down a little bit wasn't illegal, and many of them were noting that they didn't have a problem with it.

In the case at hand, the officer tells another officer that the "man" is innocent and knows his rights, and that there really wasn't much of a hit. Did you miss that? Did I mishear it?

Last edited by Just Passin' By; 07-06-2013 at 12:22 PM..
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Old 07-06-2013, 12:17 PM   #87
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Originally Posted by Alex Smith HATER View Post
That guy did nothing wrong. The cop got all nasty because he didn't want to roll his window down all the way. That's his constitutional right.
Constitutional right?
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Old 07-06-2013, 12:28 PM   #88
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Originally Posted by Alex Smith HATER View Post
**** cops.

crooked redneck POS
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Old 07-06-2013, 12:33 PM
Bump
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Old 07-07-2013, 04:21 AM   #89
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Originally Posted by Brock View Post
Typical cop overreaction.
Typical anonymous poster blanket post.
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Old 07-07-2013, 04:35 AM   #90
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Originally Posted by Chief Roundup View Post
Yeah see that is the problem. The settlements have to be paid by the taxpayer not the person that committed the act.
Police Officers should have to provide their own liability insurance like Doctors and such or something along those lines. There should be a way to shift the financial responsibility away from the taxpayer.
We do, it's more like a union than a doctors malpractice insurance. But rest assured if I do something blatantly illegal, the department and the union will not help me and I can be liable in court for any and all belongings.
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