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Nev. Family Sues Police for Taking Over Home

July 17, 2013  | 

A Nevada family is using a rare legal argument in a lawsuit claiming police tried to commandeer their homes for a surveillance operation and then arrested the homeowners for resisting—invoking the Third Amendment, which bars soldiers from being "quartered" in a residence without permission.

The Mitchell family, in a lawsuit filed July 1, detailed the incident from July 10, 2011. According to the complaint, it all began when the Henderson Police called Anthony Mitchell that morning to say they needed his house to gain "tactical advantage" in a domestic violence investigation in the neighborhood.

The situation turned ugly when Mitchell refused repeated requests to leave and police smashed through the door, the 18-page complaint states.

Read the full Fox News story.

Tags: Henderson (Nev.) PD, Third Amendment, Domestic Disputes


Comments (8)

Displaying 1 - 8 of 8

Troop @ 7/17/2013 10:31 PM

SWAT Officers are supposed to know better. Dumb dumb dumb.

dusmjim2002 @ 7/18/2013 9:01 AM

Illegal Search. Illegal Seizure. Under Color of Law. Unlawful detention/arrest.

Rick @ 7/18/2013 4:11 PM

Incidents like this are on the rise and will only decline when officers are held accountable and prosecuted, not just terminated from the agency.

Randy @ 7/18/2013 6:02 PM

OMG! What the heck were those officers thinking...? I wish they would do that at my house so I could make my retirement fund.....

Chief Thomas @ 7/18/2013 10:29 PM

They should have learned the constitution, prior to taking that oath, which 95% of Peace Officers do not, then they might have known what they where suposed to be upholding.
Visit the CSPOA to learn more.

Tom Ret @ 7/19/2013 6:39 PM

There will be a settlement out of court on this one.

pup @ 7/23/2013 1:10 PM

Are we getting all the facts? This incident seems unbelievable...

James @ 9/5/2013 4:42 AM

No it is not unbelievable, it is a trend. While old guys like me retire they are bringing in younger and wholly ignorant young people in the force who never heard of the Constitution before applying for the job. Liberal school systems do not teach this, they only touch on it very briefly then move on to civil rights instead. I have had the misfortune to deal with these know it all young people who think the Internet makes them smarter than anyone and everyone. They forget what the old computer term is, G.I. G.O. means (garbage in Garbage out) . Lower standards, Lower pay does not draw quality all the time. This is not to say all of them are brain dead, but we are seeing more and more of this.

I do agree that in some cases prosecution is a must. Accidental things no, but this complete disregard for human, Constitutional and civil rights some have needs to be dealt with harshly and we also need to hold management responsible on a personal level also.

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