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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.
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?
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.
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?
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.
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-
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]
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.
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)