Police Commandeer Homes, Get Sued

reply to post by defcon5


All very interesting points but you can not compare asking for emergency assistance to apprehend a dangerous suspect or commandeering a vehicle in an extreme situation of need to forcing your way into somebody's home to conduct a clandestine surveillance and sting operation for a domestic issue involving your neighbor.

They may not enter your house without a court order, a warrant or from immediate need arising from safety to those in the house or extreme probable cause. What happened in this case is a sever, outrageous and clear cut breech of the 4th Amendment followed by assault, false arrest, kidnapping, conspiracy and gross negligence.

Any jury in America will find in favor of the plaintiff (homeowners) but there needs to be criminal charges filed against those directly involved as I am equally sure any jury in America will find those officers guilty of the crimes above if all that has been reported is true.

Hopefully there will soon be a time in the near future in America where this type of situation is met with the appropriate consequences that are deserved regardless of what type of "authority" the perpetrators hold.

Yeah sure you can stay for a rental fee of $100,000 per night. Otherwise get the hell off my lawn you're trespassing. Any signs of force or intimidation will result with a swift phone call to the sheriffs dept and a call to the MSM news room.

This thread is one of the top "Shockers" I have ever read and I have read a lot of threads.
Interesting that after reading through the whole thread I could not find one "Nay Sayer" all I see is a reaction that is WTF and I agree.

No debate here at all just one consensus that this is wrong and we won't accept this anymore.

S&F
Regards, Iwinder

Originally posted by jude11
And so many of us saw this type of action happening years ago.

Every incident such as this is used to set precedent and to numb the masses into eventually accepting it as the norm.

killing innocents, military in the street, martial law, rfid on kids in schools, forced vaccinations, gun confiscations, spying, recording, indefinite detentions with no charge/trial, drones overhead, military invasions on any country for gain, NSA, TSA, DHS, FBI, CIA, FEMA, detention centers, prison for profit, fast and furious, ...every citizen can be classified as a terrorist, poisoning of food stocks, agenda 21, water treated as owned by government and corporations...rain water as well...

And now?

Well, they just walk into your house because they know that they will receive a paid vacation.

Let's face it, would police 20 yrs ago have done this? No, because they knew that it would never be accepted. Why now? Because they see so many other cops breaking the law, murdering, ignoring the constitution and getting away with it.

whew....need I go on? Is anyone getting the message yet? Those that said only a few years ago that we were all paranoid...still ok with "I ain't doing anything so I'm ok"?

America is only missing the final wall around the entire nation to complete the picture. Probably dubbed something like The Patriot Wall or some such crap.

Peace

edit on 4-7-2013 by jude11 because: (no reason given)

Half the people I know that are awake have been trying to get out of the country
for the last twenty or more years, Jude. None of us can afford to.

Originally posted by RichardA
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

I say this as someone who has been through wrongful police assault. When 12 armed and armored officers bust into your house, coming in through every enterance, in the middle of the night while you're sleeping, using gas and flashbangs to disorient you and disrupt your vision, and "secure" your entire home in 15-20 seconds. Unless your gun is literally in your hands at that very moment, you aren't getting it. They will assault you, shoot your pets, hurt you, and if you have children likely harm them as well along with doing damage to your home and smashing your property.

If a weapon is in your hands, they will see you as a threat and shoot to kill. If a weapon isn't in your hands they will put you on the ground and taze you. If you shoot one of them, their armor will ensure the attacker lives. You will be charged with attempted murder, assaulting a police officer, and several other things. They will also likely return fire, killing you.

If you don't shoot at them, and they realize they made a mistake, they will leave and not pay for the damage caused. There is no winning in that scenario, the best thing you can do is be compliant and try to lose as little as possible. If you're compliant they'll murder your pet, taze you, and smash your electronics. If you're not compliant they'll shoot you and get a medal.

After my experience, I'm far more terrified of the police than the criminals they claim to be protecting me from.

reply to post by inverslyproportional

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

Most certainly!

Well said sir!!!

Thank you, although I felt the need to let you know that I am of the fairer sex (female-lol). I wonder though, how many people here must think that I am male... maybe I should change my pic.

Originally posted by MysterX
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?

Its present however people don't understand how it works.

First off the Police do NOT belong to the judicial branch - They belong to the Executive branch.

An action must occur that is illegal for it to be considered a crime and investigated. In this instance the Police department possibly violated the law, meaning another law enforcement agency, in addition to investigators from the PA's / AG's office will investigate.

Once completed, and assuming wrong doing was found and the people affected aren't offered / take a settlement, the case is referred to the appropriate office for prosecution.

In comes the actual court case and we go from there.

The end game (look at the Zimmerman trial for same):
The Agency will either be found guilty or innocent in state criminal court -
The Officers involved will either be found guilty or innocent in state criminal court -

The Agency / Officers will most likely face an FBI investigation based on a 42 USC 1983 violation (Civil Rights violation). this investigation / prosecution occurs at the Federal level.

The Agency / Officers / City will most likely face a civil law suit once the above is cleared up.

From a Legislative point of view -
Laws / Case law will be reviewed to try and attempt to ensure something like this does not occur again.

Finally, and as much as some people hate this, the police are innocent until proven guilty in a court of law. This means they are afforded Due Process. People will argue where the Due Process was of the peoples who had their rights violated. My response would be look at the investigation into the police actions and the possible prosecution / civil prosecution that results.

In this case, the citizens who had their rights violated are taking their government to court, or, in constitutional terms, is using the system in place to file a redress of grievances.

There is a reason our legal system views a person as innocent until proven guilty in addition to the adversarial system we use.

The legal system is NOT designed to be efficient and for good reason.

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-

The Reason is they think we dont live in a police state is

THE GATE Isnt Closed yet but all 3 sides are up !

ITs the How to catch a wild Pig Theory ....


Enjoy the read ... Below ! you'll like it ...
How To Catch Wild Pigs
whatwethinkandwhy.blogspot.com...

There was a family in my village once, they got furious when the police parked their cars in their driveway during a house search warrant bust on the house across the street. The police could have clogged the road but they chose to park in other peoples' driveways. So what's okay trespassing and not okay trespassing?

If it's one house there, it's any house. If it's police, then it's other law enforcement, then it's soldiers, then it's anybody with permission from some agency. So where is the line? If it's a house, it's a car - if it's a car, is it a cell phone that's being taken advantage of? Where is the limit?

It's at the tax line; those police are set up through the regional tax system. The family lives in that house and they're getting invaded because police want records on the neighbors? And wouldn't it be a big sign for the neighbors they were snooping in on that suddenly all these law enforcement types are there while their neighbors are mysteriously not there?

Imagine the neighbor's kids, hey mom, what's that guy doing looking through the windows at us for? And there's this over-worked out cop sitting there like he's pretending to be working on a laptop computer or reading a book, a coffee in one hand. Just, lurking. You know people have a sense of being stared at right?

Here is the worse part. When the police don't hang around and get some felon informant to live there and act like it's all good. That's when the quality assurance of law enforcement goes downhill. Then the people of the house realize, hey they said it was domestic violence, and that just was a cover story. That maybe their neighbors are helping out in a political campaign for someone who wants to be a judge and the police are on the other candidate's side. Because that's what happens in real life but the only stuff you'll find in the police reports are textbook replies, and who is checking that?

And then after the commandeering, the family is going to have to sweep the house for wiretaps and change the locks. Because, in real life corruption happens. Not saying it's Las Vegas, but it could be any stranger who you don't know the background on. Maybe if the family knew the background of the people in the house they'd feel better. But that's not what the option was. Maybe if the family could like, live in the houses of the officers when the officers were living in theirs, it might be fair.

Originally posted by Connman
I'm sitting here stunned that this actually happened and these officers are not behind bars.
Every citizen in their jurisdiction should be at the courthouse protesting and getting actions taken against those officers involved. If not their next and crying over it then will be their own doing.
Actually this is a state matter when a police force goes astray. Sometimes you have to get out of the protected circles of corruption.

The so-called citizens have other things to do, and they are distracted. They might not even know about it if they are working a 40 hour week.

But you are absolutely right that those officers should immediately be put in jail, so that a sentence might be determined.

reply to post by Aazadan


Listen, and understand. That Cop is out there. It can't be bargained with. It can't be reasoned with. It doesn't feel pity, or remorse, or fear. And it absolutely will not stop, ever, until every last free American is dead.

reply to post by defcon5


Very good questions!
I wonder if there will come a day, where a crime is being committed, when we will be as fearful, of those paid to protect and serve, as we are of those perpetuating the crimes themselves!~?
How did we ever let this happen and how can we now change our lives to bring an end to the tyranny perpetuated by those whom are paid to serve us?

reply to post by Xcathdra


Found a couple of local sources for ya. I dunno that they add too much more than the others but here ya go...

Reno Gazette - Nevada police sued for occupying homes

KTNV - NV cops sued over occupying family's 2 homes

reply to post by Frogs


Actually it adds what I thought...

Linda and Michael Mitchell and their son, Anthony Mitchell, refused SWAT officers’ requests to use their homes during an hours-long standoff with the neighbor on July 10, 2011.

The term "standoff" never occurred in the sequence of events as described by the people filing the lawsuit.

Originally posted by nosacrificenofreedom
reply to post by defcon5

 

Very good questions!
I wonder if there will come a day, where a crime is being committed, when we will be as fearful, of those paid to protect and serve, as we are of those perpetuating the crimes themselves!~?
How did we ever let this happen and how can we now change our lives to bring an end to the tyranny perpetuated by those whom are paid to serve us?

That time is here.

We can not trust police anymore. That's the reality.

Peace

reply to post by dreamingawake


If the police demanded to use my house I would hit record on the camera and tell them they have to buy it first and give them a price and not budge on the price.
Same with a car they want to search "Buy it and you can do whatever you want with it." .
I wouldn't want it back after they have destroyed it.
If it is their property they might show more respect if not Shrug - 'not my problem.'

If anything I'll get a startled look out of them.

They walk on us because we let them

reply to post by VforVendettea


Standoff is the key word that is being ignored.

We need some more details to determine if the action was lawful based on the situation at hand.

reply to post by Xcathdra


I don't know the facts in this particular case either.
However, the police can go home after this project if they do not purchase the property the homeowner is still there for retaliation and the courts have said more times than I care to count that the police have no duty to protect the public.

They would be putting the homeowner into a dangerous situation then afterwards they would walk away and that is-not-right.

Originally posted by rimjaja
The militarization of our police force scares me. Smells of 1930 Germany and the rise of the SS

I've been trying to warn people about the militarization of the police for about 30 years.... most people don't care because they aren't "law breakers" (yet).

So anymore I just shut up and (try to) buy more ammo.

reply to post by VforVendettea


Correct - The Police is present to protect society as a whole and not the individual.

With that being said it was a standoff situation, and we need more details to fully understand why the police took the action they did. I do see why the complaint filed centered on the 3rd amendment violation instead of the 4th now, being there is no real case for a 4th amendment violation. With that being said the Supreme Court has ruled time and again on how an Officer's use of force must be reviewed - which is what did the officer perceive at the moment force was used. Hind sight 20/20 cannot be used.

[I]IF[/I] their was a standoff where weapons are present then I see no issues with removing neighbors from the immediate area. Reason being is if the person with the gun has a hostage, nothing will stop him from going next door for more hostages.

The only way to prevent that would be to kill the suspect, and had that happened in this case im sure we would have a thread about how the police did not bother to negotiate or why they didn't wound this or warning shot that ignorance / BS.

With that being said I would want to see more info to see what the specifics were on the police side before commenting further on it.