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2013-07-09 8:30 AM

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Subject: 3rd Amendment Violation?

OK, we've beat the 1st, 2nd, and 4th Amendment to death in CoJ, so now it's time for the 3rd. 

Family allegedly forced from home by police files rare Third Amendment suit

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 city 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.

Mitchell alleges the police, upon entering his home, forced him to the floor at gunpoint, then shot him and his “cowering” dog with a few rounds of pepper-spray pellets. Police then allegedly handcuffed and arrested Mitchell in connection with “obstructing a police officer” before occupying his home.

I suspect they won't succeed on their 3rd amendment challenge due to the officers not being soldiers, but holy cow is this scary to me.  I thought the Boston home searches were bad, but this is a whole new level of police state.

 



2013-07-09 9:05 AM
in reply to: tuwood

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Deep in the Heart of Texas
Subject: RE: 3rd Amendment Violation?

Wow, that's bad.

I'm just pleased that I came up with "quartering" based on your subject line - you don't hear of the 3rd Amendment very often.

2013-07-09 9:24 AM
in reply to: tuwood

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Subject: RE: 3rd Amendment Violation?
Don't think this one's going to fly. No one's even brought up Engblom v. Carey in it and that is interesting in and of itself.

I can see 4th and 5th with taking of property but not 3d. Cops aren't soldiers.

2013-07-09 9:26 AM
in reply to: Hook'em

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Subject: RE: 3rd Amendment Violation?
Originally posted by Hook'em

Wow, that's bad.

I'm just pleased that I came up with "quartering" based on your subject line - you don't hear of the 3rd Amendment very often.

lol, I'm embarrassed to admit that I had no idea what the 3rd amendment even was prior to reading this story.  :-/

2013-07-09 9:33 AM
in reply to: tuwood

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Subject: RE: 3rd Amendment Violation?
Originally posted by tuwood

Originally posted by Hook'em

Wow, that's bad.

I'm just pleased that I came up with "quartering" based on your subject line - you don't hear of the 3rd Amendment very often.

lol, I'm embarrassed to admit that I had no idea what the 3rd amendment even was prior to reading this story.  :-/




Unfortunately I get into enough Bill of Rights discussions that the 7th is the only one that gives me fits. Civil case trial by jury over $20.

2013-07-09 10:08 AM
in reply to: DanielG

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Subject: RE: 3rd Amendment Violation?

 

"Obstructing" an Officer has got to be the biggest load of BS charge ever created. 



2013-07-09 10:13 AM
in reply to: DanielG

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Subject: RE: 3rd Amendment Violation?

Ya, I don't really see the 3rd argument having any traction. But the 4th and 14th most certainly. what is even most shocking to me is a police department even thinking they could do such a thing.... I mean I know they have powers in iminent danger situations... such as Boston, which is debatable... but to order somone from their home so they can kick it for a while and investigate something.... absolutely astounded.

On other sites I visit, I actually have to argue with the tin foil people that the government is not trying to round us all up and send us to the gas chamber... but then you have this. We most certainly have taken a dramatic turn to a police state with the war on drugs and terrorisim, and I for one do not like it.

2013-07-09 10:31 AM
in reply to: powerman

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Subject: RE: 3rd Amendment Violation?
Wow....that's craziness. 
2013-07-09 11:41 AM
in reply to: 0

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Subject: RE: 3rd Amendment Violation?

I'm guessing a few heads are going to roll...

Bottom line though.. if cops came to my door and told me to get out.. I would. I'd be pissed, but I wouldn't mess with them. some of those guys are CRAZY. 



Edited by KateTri1 2013-07-09 12:01 PM
2013-07-09 12:26 PM
in reply to: KateTri1

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Subject: RE: 3rd Amendment Violation?
Originally posted by KateTri1

I'm guessing a few heads are going to roll...

Bottom line though.. if cops came to my door and told me to get out.. I would. I'd be pissed, but I wouldn't mess with them. some of those guys are CRAZY. 

Ya, no.

I'm not walking out of my own home with no warrant. I'm not saying there will be a shoot out, or I will win anything, but I am not leaving without force. And then I will have my day in court.

2013-07-09 12:45 PM
in reply to: powerman

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Subject: RE: 3rd Amendment Violation?
Originally posted by powerman
Originally posted by KateTri1

I'm guessing a few heads are going to roll...

Bottom line though.. if cops came to my door and told me to get out.. I would. I'd be pissed, but I wouldn't mess with them. some of those guys are CRAZY. 

Ya, no.

I'm not walking out of my own home with no warrant. I'm not saying there will be a shoot out, or I will win anything, but I am not leaving without force. And then I will have my day in court.

enjoy.



2013-07-09 12:55 PM
in reply to: 0

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Champion
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Subject: RE: 3rd Amendment Violation?
Originally posted by KateTri1

I'm guessing a few heads are going to roll...

Bottom line though.. if cops came to my door and told me to get out.. I would. I'd be pissed, but I wouldn't mess with them. some of those guys are CRAZY. 

i'm with you...if my neighbor is trying to murder his wife (or her husband, let's be gender equal here) why in the HELL would i want to just hang out???

besides that - why would i want to STOP police from saving someone from a terrible situation?  if surrendering my living room protects JUST ONE PERSON, why wouldn't i?



Edited by mehaner 2013-07-09 12:56 PM
2013-07-09 1:12 PM
in reply to: KateTri1

Master
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Subject: RE: 3rd Amendment Violation?
Originally posted by KateTri1

I'm guessing a few heads are going to roll...

Bottom line though.. if cops came to my door and told me to get out.. I would. I'd be pissed, but I wouldn't mess with them. some of those guys are CRAZY. 




I with you in this one. I also am not looking to put my kids in some kind of police confrontation by telling them no.
2013-07-09 1:17 PM
in reply to: 0

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Subject: RE: 3rd Amendment Violation?

Trust me on this......if the Police ever knock on your door and tell you to get out of your house because they need to use it.....this is the correct response:

 "We are both HIV positive."

Then enjoy the rest of your day.



Edited by Left Brain 2013-07-09 1:18 PM
2013-07-09 1:20 PM
in reply to: Left Brain

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Subject: RE: 3rd Amendment Violation?

 

Gotta log that one away, good info!

2013-07-09 1:46 PM
in reply to: Left Brain

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Subject: RE: 3rd Amendment Violation?
Originally posted by Left Brain

Trust me on this......if the Police ever knock on your door and tell you to get out of your house because they need to use it.....this is the correct response:

 "We are both HIV positive."

Then enjoy the rest of your day.

Oh sure... Me: "We're HIV positive officer"  My 10 year old son: "What does "HIV positive" mean?"

um.. I'll pass on using that response...  Laughing



2013-07-09 1:59 PM
in reply to: KateTri1

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Subject: RE: 3rd Amendment Violation?
Originally posted by KateTri1
Originally posted by Left Brain

Trust me on this......if the Police ever knock on your door and tell you to get out of your house because they need to use it.....this is the correct response:

 "We are both HIV positive."

Then enjoy the rest of your day.

Oh sure... Me: "We're HIV positive officer"  My 10 year old son: "What does "HIV positive" mean?"

um.. I'll pass on using that response...  Laughing

Me - "it means they're leaving".

2013-07-09 2:51 PM
in reply to: mehaner

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Subject: RE: 3rd Amendment Violation?
Originally posted by mehaner
Originally posted by KateTri1

I'm guessing a few heads are going to roll...

Bottom line though.. if cops came to my door and told me to get out.. I would. I'd be pissed, but I wouldn't mess with them. some of those guys are CRAZY. 

i'm with you...if my neighbor is trying to murder his wife (or her husband, let's be gender equal here) why in the HELL would i want to just hang out???

besides that - why would i want to STOP police from saving someone from a terrible situation?  if surrendering my living room protects JUST ONE PERSON, why wouldn't i?

It did not say anything about anyone's life in danger. No murder, no police standoff, no suspect in the area. It said, the police wanted to use their house for surveilence in an investigation... and they had to GET OUT.

Ya, no. Not going to happen peacfully. I'm no tough guy. I'm not anti-police. I'm all for civic duties.... being told to get out of my house... sorry, won't do that just because it is convinient for you and you told me so.

2013-07-09 2:56 PM
in reply to: powerman

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Subject: RE: 3rd Amendment Violation?

~coughing all over everything~

"OK, sure, can I get my hepititus medicine?"

2013-07-09 3:06 PM
in reply to: Left Brain

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Subject: RE: 3rd Amendment Violation?
Originally posted by Left Brain

~coughing all over everything~

"OK, sure, can I get my hepititus medicine?"

Where is a good cace of leprosy when you need it?

2013-07-09 3:43 PM
in reply to: powerman

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Subject: RE: 3rd Amendment Violation?

I'm telling you....no cop will sit in your house of they think you have a disease. 

Or....just start runing around clucking like a chicken and pecking at the ground. Laughing

 



2013-07-09 4:24 PM
in reply to: Left Brain

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Subject: RE: 3rd Amendment Violation?
Originally posted by Left Brain

I'm telling you....no cop will sit in your house of they think you have a disease. 

Or....just start runing around clucking like a chicken and pecking at the ground. Laughing

 

I'm just really floored any police department would think that was an option. Let alone actually do it.

2013-07-09 4:32 PM
in reply to: powerman

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Subject: RE: 3rd Amendment Violation?
Originally posted by powerman
Originally posted by Left Brain

I'm telling you....no cop will sit in your house of they think you have a disease. 

Or....just start runing around clucking like a chicken and pecking at the ground. Laughing

 

I'm just really floored any police department would think that was an option. Let alone actually do it.

I know.....but I'd also like to hear the other side....some of that story just didn't ring true with me.  The cops ate food from their house?  Uh.....I know cops....they're not eating anything from someone elses house that they don't know.  Hell, we throw entire trays of food away that people bring to the station because we don't know where it came from.  They did it to another family and it just happened to be relatives of the first family?  None of that sound right to me.

2013-07-09 4:33 PM
in reply to: 0

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Subject: RE: 3rd Amendment Violation?
Originally posted by powerman
Originally posted by Left Brain

I'm telling you....no cop will sit in your house of they think you have a disease. 

Or....just start runing around clucking like a chicken and pecking at the ground. Laughing

 

I'm just really floored any police department would think that was an option. Let alone actually do it.

I'd kinda like to be at that debriefing... 

Personally, I think they'll get more heat from pepper spraying the dog than they would get from shooting the occupants. 



Edited by KateTri1 2013-07-09 4:34 PM
2013-07-09 4:54 PM
in reply to: Left Brain

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Subject: RE: 3rd Amendment Violation?
Originally posted by Left Brain

~coughing all over everything~

"OK, sure, can I get my hepititus medicine?"




TB works too.

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