Day by Day

Thursday, July 04, 2013

Remember when I said, "At least we still have the Third Amendment"?

Yeah, well...

Not so much.

http://www.courthousenews.com/2013/07/03/59061.htm

"On the morning of July 10th, 2011, officers from the Henderson (Nevada) Police Department responded to a domestic violence call at a neighbor's residence," the Mitchells say in the complaint.
     It continues: "At 10:45 a.m. defendant Officer Christopher Worley (HPD) contacted plaintiff Anthony Mitchell via his telephone. Worley told plaintiff that police needed to occupy his home in order to gain a 'tactical advantage' against the occupant of the neighboring house. Anthony Mitchell told the officer that he did not want to become involved and that he did not want police to enter his residence. Although Worley continued to insist that plaintiff should leave his residence, plaintiff clearly explained that he did not intend to leave his home or to allow police to occupy his home. Worley then ended the phone call.
     Mitchell claims that defendant officers, including Cawthorn and Worley and Sgt. Michael Waller then "conspired among themselves to force Anthony Mitchell out of his residence and to occupy his home for their own use." (Waller is identified as a defendant in the body of the complaint, but not in the heading of it.)
     The complaint continues: "Defendant Officer David Cawthorn outlined the defendants' plan in his official report: 'It was determined to move to 367 Evening Side and attempt to contact Mitchell. If Mitchell answered the door he would be asked to leave. If he refused to leave he would be arrested for Obstructing a Police Officer. If Mitchell refused to answer the door, force entry would be made and Mitchell would be arrested.'"

...

Officers then arrested him for obstructing a police officer, searched the house and moved furniture without his permission and set up a place in his home for a lookout, Mitchell says in the complaint."

See also: "When In the Course of Human Events" and "That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it"

4 comments:

Rivrdog said...

See also: the lock-down of n entire major suburb of Boston when Joker Tsarneyev was loose...

Crotalus said...

War That's all they have left us

Drumwaster said...

"Those that make peaceful revolution impossible make violent revolution inevitable." -- John F. Kennedy, 35th President

Soylent Green said...

Dave, the Volokh Conspiracy made a good point on this yesterday. It should have been filed in state court. Nevada has a identical section on quartering "soldiers." His point is the Third Amendment has not been "Incorporated" as others have. This would allow the Supremes do do so. If they then rule the wrong way, it applies to all states, not just Nevada.

http://www.volokh.com/2013/07/04/a-real-live-third-amendment-case/