Nevada police seize house, arrest homeowners for 'tactical advantage.'

[ReynardMuldrake]

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."

"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.

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

[Rasputin]

Originally Posted by Alex Smith HATER

**** cops.

Be a dick to cops and get what you expect. I don't feel sorry for that kid. Cooperate and move on.

[Ace Gunner]

Originally Posted by LoneWolf

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.

you are an idiot.

drunk people have bug eyes and slurred speech that are easily detected in casual conversation.

[BigMeatballDave]

Originally Posted by Buzz_TinBalls

you are an idiot.

drunk people have bug eyes and slurred speech that are easily detected in casual conversation.

Troll, much?

[Ace Gunner]

Hi Dave!

[LoneWolf]

Originally Posted by Buzz_TinBalls

you are an idiot.

drunk people have bug eyes and slurred speech that are easily detected in casual conversation.

Please just . You don't have to be drunk enough to have slurred speech to have your ability to operate an automobile impaired. This kid was looking for trouble and he got it.

Look, we all get it. You hate cops and fault them in any situation where any idiot claims his rights are being violated. My since hope is that you need the help from the police someday and they aren't there.

[Ace Gunner]

Originally Posted by LoneWolf

Please just . You don't have to be drunk enough to have slurred speech to have your ability to operate an automobile impaired. This kid was looking for trouble and he got it.

Look, we all get it. You hate cops and fault them in any situation where any idiot claims his rights are being violated. My since hope is that you need the help from the police someday and they aren't there.

the officer asked the kid to step out the car and once that happened, well, the kid didn't bring his car window with him. but keep pretending it's okay to be an asshole, it fits you well.

[Ace Gunner]

the police used their expert dog to find drugs but did not find drugs, even though they claimed their expert drug finding dog found drugs.

this was not a mistake read by the dog, it was a asshole excuse to ignore the 4th amendment. but hey, carry on assholes.

[Hammock Parties]

You have a right to be a dick.

The cops do not have the right to use that as an excuse to be belligerent pigs abusing their authority, which is exactly what they did in that video.

[LoneWolf]

Originally Posted by Buzz_TinBalls

the officer asked the kid to step out the car and once that happened, well, the kid didn't bring his car window with him. but keep pretending it's okay to be an asshole, it fits you well.

You're right, it's not OK to be an asshole. That is exactly what the kid was being. If he would have just rolled his window down and told the officer "no, I have not been drinking tonight" then they would have let him go on his merry way. They would have never asked him to get out of his car.

Go watch this asshat's videos on YouTube. He took this case to court, twice. Represented himself both times and sounded like a dumb punk in both cases.

[Hammock Parties]

What the cops did was wrong, period.

Again, the kid was a dick.

Cops shouldn't be permitted to use that as an excuse to abuse their authority.

[Ace Gunner]

we all need to just give up the 4th amendment because that's going to stop drunk driving death. sure.

the many useful gestapo tactics of the WOD -- it has been the gateway to a future without accountability within gov't and the demise of the law of our land -- america.

[Ace Gunner]

Originally Posted by LoneWolf

You're right, it's not OK to be an asshole. That is exactly what the kid was being. If he would have just rolled his window down and told the officer "no, I have not been drinking tonight" then they would have let him go on his merry way. They would have never asked him to get out of his car.

Go watch this asshat's videos on YouTube. He took this case to court, twice. Represented himself both times and sounded like a dumb punk in both cases.

dose of reality;

** once the cop realized the kid had not been drinking, he went vindictive on his ass an played the "does he smoke pot" card with his partner and did the unwarranted search. It wound up being a waste of everyone's time and it is unconstitutional.

[LoneWolf]

Originally Posted by Alex Smith HATER

What the cops did was wrong, period.

Again, the kid was a dick.

Cops shouldn't be permitted to use that as an excuse to abuse their authority.

What would you have had the cops do? Let him go down the road even though he was acting suspicious.

[Hammock Parties]

The sooner cops are replaced with robots the better.

Last thing an American citizen should receive from the cops is a nasty attitude and emotional responses.

[LoneWolf]

Originally Posted by Buzz_TinBalls

dose of reality;

** once the cop realized the kid had not been drinking, he went vindictive on his ass an played the "does he smoke pot" card with his partner and did the unwarranted search. It wound up being a waste of everyone's time.

Once again, everything is avoided if the kid just rolls his window down.