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Police Commandeer Homes, Get Sued

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posted on Jul, 5 2013 @ 02:23 AM
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reply to post by dreamingawake
 


This should be interesting... I have been unable to find any media outlets from the area discussing this incident. I did however come across the legal complaint with specifics -

Its a .PDF file link so its going to ask you to open it -

Legal Complaint

From a constitutional standpoint I don't see a 3rd amendment violation.. I think they have a stronger argument with a 4th amendment violation argument since the police appeared to have illegally seized their home.

As for the rest, the entire story seems like something from a bad C movie.... If the Domestic Violence call was some type of hostage / standoff then I can see a need to remove people from the immediate area.

If that's not the case, and no other info comes out to challenge the claims, then they might as well change the name Henderson Nevada over to Mitchell Nevada.




posted on Jul, 5 2013 @ 03:19 AM
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reply to post by pstrron
 





I read everyday of these things happening in the US yet no one there does anything about it. I wonder why, is there something in the food, water, on the TV, radio or in the air that keeps them from doing anything? For over a decade now I have watched the US progressively go from a country that was among those that were considered good to live in too one that I wouldn't wish upon anyone. I guess those that live there can't see what has happened and like the frog in the pot have gotten boiled without ever noticing the changes.

We know what's happening and though I can't speak for the entire country I can assure you that a lot of us are noticing and taking notes. Many are not forgetting a single thing. But to be honest I feel that we know that things have evolved to a level of danger that we were unaware could ever happen. I think many of us are scared because we know that bloodshed will be in the streets if/when it all starts. Listen, things are tense here, we are waiting for the right time.. I can feel it, and I'm sure that others feel it too. But this is more than words behind a screen-it's real and it's scary, and soon it will be time.




Some mention the founding fathers and what they would do yet they set back on their couches with a soda pop and popcorn remote in hand watching TV. Even when G.W. Bush Jr. as POTUS said that the Constitution was nothing more that a g-d piece of paper you never took notice nor said anything. I guess you all agree with his statement. So is it any wonder that the US is in the loo with no return...no?

We took notice and we said a lot. Some are still talking. And it's true that we appear to be in the loo, but make no mistake, we are down but not out. We beat each other up a lot but when push comes to shove I think we will stand together.



Your police break down doors and murder occupants unjustly yet nothing happens. The general consensus must be that it's OK as long as it wasn't your house. Didn't matter that it was the wrong address and those murdered we innocent of any wrong doing. Now this poor citizen has had his door smashed, his life threatened and all he can do is sue and possibly get some money but the incidents like this will not stop. Where are the brave, where are the free...sadly they are no more.


The brave are still here. Even a brave person would be foolish to act without a plan. I mean, bravery isn't all we need, and brawn without brains would be a failure
You're not saying anything we haven't already told ourselves and discuss on an almost daily basis. Times are getting ripe for justice, but unless we stand as one we will fall for all--and I think we are fearful of failing, because if we fail in taking a stand it will most likely be the end as we know it. Though things are bad we know they can get a lot worse. There will come a time when we realize that things are going to have to get worse before they can get better, and when that time comes is when we will see real change.
But then again, I could be wrong...



posted on Jul, 5 2013 @ 03:32 AM
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Originally posted by pauljs75
If you can get around the 3rd Amendment of the U.S. Constitution by being "police" instead of "military", than that leaves a pretty big loophole for anyone who wants to exploit it. I wonder what the judge will do in regards to setting precedent?



This may be the first time in the history of this country that a
legal case is brought to court on the grounds that a citizens
rights under the 3rd Amendment were violated (by police).

There is only one relatively significant federal case that rests
on the terms of the Third Amendment, Engblom v. Carey,
677 F.2d 957 (2d. c. 1982). In Engblom, a group of New York
state prison corrections officers were unceremoniously evicted
from prison housing at Mid-Orange Correctional Facility when
they staged a strike. Their residences were subsequently used
to house members of the National Guard. Two corrections officers
argued that their Third Amendment rights had been violated, but the
courts dismissed the case on the grounds that the Plaintiffs had no
standing because the homes belonged to the prison.

In United States v. Valenzuela, 95 F.Supp 363 (S.D. Cal. 1951),
Valenzuela attempted to argue federal rent control laws violated
Third Amendment rights, but the court dismissed his suit.

Are there any US Supreme Court cases involving the Third Amendment?

Answer: No.

However, there is one historical case where the federal government violated
he Amendment with complete impunity. Read about it here.

After 9/11 the abuse just continue to grow in magnitude.
It started with torturing prisoners, then when that is exposed
we decide to just kill them outright---with drone strikes--which
only proves we didn't care about gaining any "intelligence" from
these people in the first place. Then this trigger happy troop come
by state-side the often become trigger happy cops. They think that
having a gun and badge gives them a licence to do what ever they
want to in the name of "law enforcement," even is that means they
have to break a few laws in the process.

Just imagine what the police state would become if we had no
bill of rights? Thank God for George Mason.



posted on Jul, 5 2013 @ 03:53 AM
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reply to post by dreamingawake
 


enough is enough this kind of thing needs to stop. im furious about this! are we living in the Stalin's ussr. this is the new normal appalling.



posted on Jul, 5 2013 @ 04:16 AM
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reply to post by jude11
 


Where are the checks and balances that ought to be in place to make sure this kind of thing doesn't happen?
At the very least, if and when it does happen, there certainly ought to be a system in place where each arrest is scrutinised and judged on it's merits or lack thereof.

In the UK, we have what's called 'the director of public prosecutions' or DPP.

Part of the departments job is to check each and every arrest and alleged crime, and judge it on its particulars, like legality the arrest, the evidence or lack of evidence available to show that a crime has indeed been committed or not, and whether or not that evidence is sufficient to go ahead to a court hearing, likelihood of a successful outcome in court, etc.

The case in this thread would not have reached court in the UK and the people would not have been arrested and charged with a trumped up crime because the DPP would have taken one look at the particulars and thrown it out because they would have known immediately that this was a load of old tosh and basically made up to 'get back' at the homeowners for refusing the police the use of their property (which is their right to refuse)..it's another example of bad police imagining they have more powers over people than they actually do.

Do you not have an office or department in the states that has to look over these cases and decide their legal merits, similar to our DPP?

If so, it seems clear they are not up to the job...so ought to be included in the court case for damages.

One positive thing to come out of police abuse of power cases like these, especially if it get's publicised properly, is the public become aware of what the police are and more importantly are NOT getting away with...it reinforces the awareness of public rights, and makes police aware of the limits of the powers granted to them by the people.

It won't stop isolated idiots trying it on with the public, but it should prevent things like this spiralling out of control to a point where this kind of crap is more common than not.



posted on Jul, 5 2013 @ 07:10 AM
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Originally posted by Xcathdra
reply to post by dreamingawake
 


This should be interesting... I have been unable to find any media outlets from the area discussing this incident. I did however come across the legal complaint with specifics -

Its a .PDF file link so its going to ask you to open it -

Legal Complaint

From a constitutional standpoint I don't see a 3rd amendment violation.. I think they have a stronger argument with a 4th amendment violation argument since the police appeared to have illegally seized their home.

As for the rest, the entire story seems like something from a bad C movie.... If the Domestic Violence call was some type of hostage / standoff then I can see a need to remove people from the immediate area.

If that's not the case, and no other info comes out to challenge the claims, then they might as well change the name Henderson Nevada over to Mitchell Nevada.


You and I dont really see eye to eye on most of these police stories, you were an officer, you know the real deal, so I usually try not to rough you up to much, as you have been there and seen the need at times for extreme measures.

Your saying what I am thinking..........well sir, that scares the hell out of me honestly, and I am not the type to get scared very easily.

Star for your observations.



posted on Jul, 5 2013 @ 07:21 AM
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reply to post by RobinB022
 


Well said sir!!!

I have been, for years now, making plans for the safe keeping of my family, in the event "it" really happens.

I took an oath I intend to keep, I will be on the side that stands for individual liberty freedom and justice.

I have raged against the machine on these boards many times to the constant drone of disagreement from many.

I believe we are making headway though, and soon a critical mass of the "awake" will be upon us, it is up to us truth seekers to keep at it, more and more are being awakened every single day by us, soon there will be more awake than still sleeping.

When this occurs, things WILL change, as we will be able to force a change if one isnt forthcoming.

Until then, stay low, stay off the radar, stay safe.

It is the long hard road, but it is also the least violent, and the most likely to succeed in the end.

I, as many, want change right now, but we dont get what we want all the time. The change will come, because we demand it, TPTB cant stop the change, it is inevitable. We need only keep chipping away, the death of a thousand cuts is coming, the beast will fall, just like it always does in the end, and liberty will once again wash over this land, like that first breath of fresh air after a long dive into the cold black depths of the sea.



posted on Jul, 5 2013 @ 10:04 AM
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I would never go back to the USA. On entering the country tourists now get spoken to like crap by security at the airport, scanned by radioactive scanners and then fingerprinted, if you refuse, you dont get in and also get verbally abused. Why would anyone want to go through that. Even china and Russia respect their visitors. Land of the free? It certainly is not now. The land of the free is now the land of the overweight oppressed dumbed down sheeple. It's quite obvious the people of the USA will not do anything apart from moan about it on the internet, and that is the awake population. The rest of them will gladly accept this oppression. Europe is not perfect but at least we stand up for ourselves.

Look at Egypt. The Morsi proposals were not much different than whats happening already in the USA ( just without the muslim edge), probably why Obama supported him. See how they responded. They have more balls than the US and probably us Europeans too.

The financial situation in the USA is really bad, more debt than all EU put together. Eu is dealing with it now and UK, Italy, France all reporting recoveries, Growth in GDP. The US just printing more cash, delaying the inevitable. As a result the authorities will try it on more and more, if you do nothing now, its goodbye USA. Time has run out.

Do you think they put stuff in the police's water? How can it be that the police follow these orders, do any of them ever object?

I have to say that here in Italy the police are regarded very highly indeed, they are very pleasant, respectful and one even bought me a drink in the local bar the other day all because he stopped me whilst driving and I had left my insurance papers at home....he told me I couldn't drive without them and gave me a lift home to get them, totally my bad. I am originally from the UK and have to say that there are some butt hole police there too. Generally they are ok though.



posted on Jul, 5 2013 @ 10:41 AM
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reply to post by rimjaja
 


No, smells more like Russia and the NKVD. America is slowly turning into the Soviet Union. Maybe not politically, but sure enough through the acts by the police, government and armed forces.

I find the OP's story disgusting, and I hope the home owner pulls these idiots through the dirt and back!



posted on Jul, 5 2013 @ 10:52 AM
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Originally posted by SloAnPainful
reply to post by dreamingawake
 


...and people still think we don't live in a police state.

Where's the freedom?

-SAP-


Those people will be the last ones to accept the truth!
They will deny all without it happening to themselves!
It's like the poem "First they came"!
This is the world we live in where no one cares until it's on their doorstep then they wonder why no one cares for them but no one is left to do anything for them!



posted on Jul, 5 2013 @ 11:31 AM
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Here is the biggest problem with what happened and I am saying this after reading the entire story and after reading the entire document that was presented for civil trial.

While it would seem that a hefty lawsuit will be waged and ultimately won by the homeowners, it should be going on while those "officers" are sitting in a jail cell charged with home invasion, kidnapping and felonious assault. The first two of those charges carry a maximum penalty of 30 years in prison.

The fact that an every day joe cop can do this and get away with it and the most they face is a civil suite filed against the department is why this is happening. There needs to be an immediate and complete internal affairs investigation into situations like this and severe criminal charges need to be filed based on the outcome. Ideally, it would be civilian oversight committees doing this.

Being put on leave and ultimately fired is not appropriate for this level of crime and torment, the cops involved here need to do hard time and a message needs to be sent that this behavior will not be tolerated by the community or the population at large. Commit the crime, do the time. What is good for the goose is good for the gander.
edit on 5-7-2013 by Helious because: (no reason given)



posted on Jul, 5 2013 @ 11:53 AM
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I had to find out if this was a hoax such as "The Onion", but it's not! I put in a search on this topic and there will be a march on July 11th in Henderson LV over this issue. It seems a bit odd to me that this is coming out now. It's as if we are getting more and more stories meant to stir us up and hopefully tip the constitutional loving public into rioting or something.

It also seems odd to me that they went after both the father and son. I am wondering if they have been vocal locally on topics the cops don't like.

Story about march on Craigslist.



posted on Jul, 5 2013 @ 12:20 PM
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I've had several run ins with the local pd here, and one run in with the University police. I've told every one of them that if they come to my door without a warrant, kicking in my door will be the absolute last thing they do. No warrant equals an armed home invasion and I will treat them as I would any other home invader. At that point, the only thing that star on their chest does is give me a pretty target to shoot at. (Red dot scope on my AR and it is spot on at 100 yards) As I have also mentioned to them, the 30-06 will go right through their 'bullet-proof' vest and maybe even the next guy coming through the door.

As we used to say in my unit "Want some? Come get some. Don't want none, don't start none."

Don't get me wrong I'm not a cop hater, I just treat others as they treat me.

peace



posted on Jul, 5 2013 @ 01:26 PM
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As someone familiar with the US laws and Constitution but not living there, rather in northern Europe, I would have to say it's pretty clear to me your government is criminal and no longer has any interest whatsoever in restrictions and will violate your rights with impunity. It's possible this may cause Americans to rise in rebellion but that prospect seems unlikely. They are rolling it out slow and the mass of Americans passively go along. I don't hold out hope. I hope I am wrong.



posted on Jul, 5 2013 @ 02:12 PM
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The main problem is no one is going to fire on the police because they will go from having 5 combat dressed nazi's at their door to having state police, swat and every cop for 20 miles outside with fingers on the triggers of their real assault weapons. Only when someone sends out their wife and kids and begins to make dead police outside will anyone take notice. And that person will die horribly mutilated from the barrage of automatic weapon fire that will erupt from the lawless police. Protect and Serve is DEAD.



posted on Jul, 5 2013 @ 02:23 PM
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Please note Europeans the ONLY reason you are able to even have the opportunity to speak out at all, is because the sheeple of the United States came to your lands in the hundreds of thousands and drove a stake through the hearts of the men who would make you slaves. Not just once but twice. Don't count out our sheeple just yet. And hopefully the nazi's who have taken over our government feel as you do...that we will do nothing....the looks on their thieving faces will be priceless when they find we are not as asleep as they think.



posted on Jul, 5 2013 @ 02:41 PM
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This family SHOULD win its court battles with the Henderson police dept. IF and only IF the judges haven't been corrupted in that area yet. It's so disappointing that you will NEVER see this on MSM....



posted on Jul, 5 2013 @ 02:42 PM
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The following is my opinion as a member participating in this discussion.

This is a very interesting story, and as much as I hate that we are becoming a police state, I have a feeling these guys are going to lose in court.

The first reason is they are going to have a difficult time proving that “police” fall under “quartering soldiers”. The second reason is there is very old legal precedence allowing officers to 'commandeer' assistance. This goes back into old English law, which our law is based on, called 'hue and cry':


By the Statute of Winchester of 1285, 13 Edw. I cc. 1 and 4, it was provided that anyone, either a constable or a private citizen, who witnessed a crime shall make hue and cry, and that the hue and cry must be kept up against the fleeing criminal from town to town and from county to county, until the felon is apprehended and delivered to the sheriff. All able-bodied men, upon hearing the shouts, were obliged to assist in the pursuit of the criminal, which makes it comparable to the posse comitatus. It was moreover provided that "the whole hundred … shall be answerable" for any theft or robbery, in effect a form of collective punishment. Those who raised a hue and cry falsely were themselves guilty of a crime.[1]

So under old English law, you are obligated, at the request of an officer, to provide them with any assistance required by them in the apprehension of a suspect. This is no different than them 'commandeering' your car, or asking a citizen to help them restrain an assailant if they are outmatched.

According to the Supreme Court:


United States v. Russell
Extraordinary and unforeseen occasions arise, however, beyond all doubt, in cases of extreme necessity in time of war or of immediate and impending public danger, in which private property may be impressed into the public service, or may be seized and appropriated to the public use, or may even be destroyed without the consent of the owner . . . but the public danger must be immediate, imminent, and impending, and the emergency in the public service must be extreme and imperative, and such as will not admit of delay or a resort to any other source of supply, and the circumstances must be such as imperatively require the exercise of that extreme power in respect to the particular property so impressed, appropriated, or destroyed.


So it will be interesting to see how the police justify that a domestic dispute created a “ public danger” that was “immediate, imminent, and impending”; but we've also seen that in America any excuse will do for justifying police actions. We all know that they have created so many legal loopholes to win cases, or prevent being sued, that they can pretty much get away with anything they want at any time. It will be interesting to see if Nevada has any laws regarding this.

The biggest problem I see here is that the police are now sending “conflicting messages” as to how the public are to act in their presence. Basically that both wanted and unwanted public “assistance” are now equally “obstructing”. So if I see an officer who appears to be in need of assistance, do I go to their aid, or will I be considered a “threat” and possibly end up getting shot or charged with obstruction, or do I just pass along my merry way, and still end up being charged with “obstruction”?

As an ATS Staff Member, I will not moderate in threads such as this where I have participated as a member.



posted on Jul, 5 2013 @ 02:55 PM
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#ing assholes. I hope the authorities are reading my words right now.

GO # YOURSELVES YOU #ING FILTHY PIGS.

And yes, this goes towards the so-called "good" officers too. If you do nothing to stop these bad officers- then you are just as much to blame.

# YOU



posted on Jul, 5 2013 @ 04:25 PM
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Originally posted by Helious
Here is the biggest problem with what happened and I am saying this after reading the entire story and after reading the entire document that was presented for civil trial.

While it would seem that a hefty lawsuit will be waged and ultimately won by the homeowners, it should be going on while those "officers" are sitting in a jail cell charged with home invasion, kidnapping and felonious assault. The first two of those charges carry a maximum penalty of 30 years in prison.

The fact that an every day joe cop can do this and get away with it and the most they face is a civil suite filed against the department is why this is happening. There needs to be an immediate and complete internal affairs investigation into situations like this and severe criminal charges need to be filed based on the outcome. Ideally, it would be civilian oversight committees doing this.

Being put on leave and ultimately fired is not appropriate for this level of crime and torment, the cops involved here need to do hard time and a message needs to be sent that this behavior will not be tolerated by the community or the population at large. Commit the crime, do the time. What is good for the goose is good for the gander.
edit on 5-7-2013 by Helious because: (no reason given)


I'm thinking basically the same thing. There should be lawsuits on each individual policeman that illegally entered and commandeered the premises. If they are held accountable individually then maybe more of them will act appropriately and not follow unconstitutional orders. Sue each of them for all the charges they can come up with, like trespassing, theft, kidnapping, destruction of private property, assault, illegal search&seizure, harming an animal (PETA should get involved in this one), false arrest, abuse of power, and on and on. This kind of action should be unacceptable anywhere in the US.



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