According to Courthouse News Service, the complaint says that when Henderson officers asked permission by phone to occupy Anthony Mitchell's home to gain "tactical advantage" in the domestic disturbance, he refused because he didn't want to get involved.
Officers then devised and executed a plan to get him out, the suit says. They broke down his door, ordered him to lie on the floor and shut off his cell phone, gave him conflicting commands, called him a foul name, fired "pepperball" rounds at him and his dog and charged him with obstructing a police officer. They also moved his furniture around without his permission, the filing says.
Officers also went to Michael and Linda Mitchell's home on the same street, used a ruse to get Michael Mitchell to evacuate to a command center and pulled Linda Mitchell from the home, the suit says. Michael Mitchell later was charged with obstructing an officer after he tried to leave the command center to meet another son.
http://www.syracuse.com/news/index.ssf/2...olice.html
Welcome to the jack booted American Law Enforcement. Illegal Aliens draw a pass.
Invade our country and we give you all kinds of social benefits and money.
Say no to law enforcement taking over our homes, get shot at and arrested.
Agree the police were in the wrong. This will be an interesting case to watch. I think he probably has a case on other rights violated too, but I hope the 3rd Amendment stuff gets a hearing
Whoa. This is extremely disturbing.
I have so many questions. First, is the Third Amendment incorporated? Second, is this also not a Fourth Amendment violation? Third, are police considered troops?
(07-06-2013 10:09 PM)slow-runner Wrote: [ -> ]Whoa. This is extremely disturbing.
I have so many questions. First, is the Third Amendment incorporated? Second, is this also not a Fourth Amendment violation? Third, are police considered troops?
I think your first and third questions are going to be at the heart of the case. I think he also has a case based on false imprisonment and fourth amendment violations.
(07-06-2013 10:14 PM)mixduptransistor Wrote: [ -> ] (07-06-2013 10:09 PM)slow-runner Wrote: [ -> ]Whoa. This is extremely disturbing.
I have so many questions. First, is the Third Amendment incorporated? Second, is this also not a Fourth Amendment violation? Third, are police considered troops?
I think your first and third questions are going to be at the heart of the case. I think he also has a case based on false imprisonment and fourth amendment violations.
I guess even if the Third is incorporated, they would still have to discern if Police are considered troops. Wow. I'll be watching this case in all aspects.
Well they've outdone themselves this time...
(07-06-2013 10:20 PM)slow-runner Wrote: [ -> ]I guess even if the Third is incorporated, they would still have to discern if Police are considered troops. Wow. I'll be watching this case in all aspects.
Read the 3rd amendment - it covers peace and war times. Forbidden in peace time, required legal process during war times.
Police are government employees with weapons... definately included.
My only question is what would have happened if this man had a legal AK47 and mowed the force down? I'm sure the media wouldn't have turned him into a terrorist
Would think this would apply. However have given up on predicting what our courts do.
The most disturbing thing- I'll wager there are many people who say he should just have gone along w/ the police's request.
Hard to see why there would even be a question about this.
(07-08-2013 10:01 AM)DrTorch Wrote: [ -> ]The most disturbing thing- I'll wager there are many people who say he should just have gone along w/ the police's request.
Police are getting too used to people's unobstructed compliance. The courts have fallen on the side of the police, and the precedent has been set, against the constitution and the public.
Years ago a lot of policemen seemed like they were trying to be helpful when they talked
with you. Really. I remember a cop directing traffic give me a helpful hint the first day
that I got my license. He was actually trying to help me.