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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.
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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, 07:36 AM   #106
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Originally Posted by LoneWolf View Post
Once again, everything is avoided if the kid just rolls his window down.
no, not really.

drunk checkpoints have been in service over 3 decades and drunk driving deaths are not effective at reducing this sickness plaguing america.

put the right folks in charge of a medical issue with DOJ working together to add teeth, we get the right results.

what you are supporting here is just corporatist gestapo tactics that are against the law. folks have been coaxed along.
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Old 07-07-2013, 07:57 AM   #107
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Quote:
Originally Posted by Buzz_TinBalls View Post
no, not really.

drunk checkpoints have been in service over 3 decades and drunk driving deaths are not effective at reducing this sickness plaguing america.

put the right folks in charge of a medical issue with DOJ working together to add teeth, we get the right results.

what you are supporting here is just corporatist gestapo tactics that are against the law. folks have been coaxed along.
Requesting someone to roll down their window at a DUI checkpoint is a Gestapo tactic? Well, you can't argue against that special kind of crazy.
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Old 07-07-2013, 07:59 AM   #108
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Quote:
Originally Posted by Buzz_TinBalls View Post
no, not really.

drunk checkpoints have been in service over 3 decades and drunk driving deaths are not effective at reducing this sickness plaguing america.

put the right folks in charge of a medical issue with DOJ working together to add teeth, we get the right results.

what you are supporting here is just corporatist gestapo tactics that are against the law. folks have been coaxed along.
Being asked to roll your window down is not a violation of any rights.
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Old 07-07-2013, 08:30 AM   #109
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I don't ask the police to protect me from drunk drivers using DUI checkpoints. In fact, I don't even have a problem with drunk drivers. I'd rather be free than safe.
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Old 07-07-2013, 08:42 AM   #110
LoneWolf LoneWolf is offline
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Quote:
Originally Posted by texaschiefsfan View Post
I don't ask the police to protect me from drunk drivers using DUI checkpoints. In fact, I don't even have a problem with drunk drivers. I'd rather be free than safe.
If someone in your family is killed by a drunk driver will you still feel the same way?
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Old 07-07-2013, 08:56 AM   #111
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Wow, there's a level of stupid going on in this thread that is rarely achieved.
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Old 07-07-2013, 12:05 PM   #112
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Quote:
Originally Posted by LoneWolf View Post
If someone in your family is killed by a drunk driver will you still feel the same way?
My uncle was killed by a drunk driver. I'm still 100% against checkpoints.
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Old 07-07-2013, 12:09 PM   #113
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The Gestapo tactic was the intimidation the pissed off, fat and stupid cop resorted to when he didn't get his way.

Then doing the phony dog sniffing garbage was even worse.

Why not just plant some drugs so you can get revenge on the little ****er? That's what you want, copper.

Dirty POS.
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Old 07-07-2013, 12:13 PM   #114
LoneWolf LoneWolf is offline
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Quote:
Originally Posted by dmahurin View Post
My uncle was killed by a drunk driver. I'm still 100% against checkpoints.
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.
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Old 07-07-2013, 12:13 PM   #115
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Originally Posted by dmahurin View Post
My uncle was killed by a drunk driver. I'm still 100% against checkpoints.
I assume the rest of your family is against dui checkpoints as well?
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Old 07-07-2013, 12:15 PM   #116
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Originally Posted by Alex Smith HATER View Post
The Gestapo tactic was the intimidation the pissed off, fat and stupid cop resorted to when he didn't get his way.

Then doing the phony dog sniffing garbage was even worse.

Why not just plant some drugs so you can get revenge on the little ****er? That's what you want, copper.

Dirty POS.
Are you really this stupid?
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Old 07-07-2013, 12:16 PM   #117
Count Zarth Count Zarth is offline
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The police should not be resorting to intimidating citizens who have done nothing wrong.

It's really shitty.

**** the cops.
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Old 07-07-2013, 12:16 PM   #118
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Originally Posted by J Diddy View Post
Are you really this stupid?
I'm convinced he was arrested for shoplifting Snickers bars as a young man and he has hated everything about cops since.
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Old 07-07-2013, 12:17 PM   #119
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Originally Posted by Alex Smith HATER View Post
The police should not be resorting to intimidating citizens who have done nothing wrong.

It's really shitty.

**** the cops.
If you were a cop how would you have handled the situation?
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Old 07-07-2013, 12:18 PM   #120
Count Zarth Count Zarth is offline
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Quote:
Originally Posted by LoneWolf View Post
If you were a cop how would you have handled the situation?
I would have logged on to CP and called someone gay.
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