Family forced from their home (Merged)

Family forced from their home (Merged)

This is a discussion on Family forced from their home (Merged) within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; In a subburb of Las Vegas police asked to set up surveilance in home next to a domestic disturbance and the resident refused. The police ...

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  1. #1
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    Family forced from their home (Merged)

    In a subburb of Las Vegas police asked to set up surveilance in home next to a domestic disturbance and the resident refused. The police broke in the door arrested the occupant and shot his dog with pepper balls and locked it in a side yard with no water in 100 degree heat.
    Courthouse News Service
    This is a pretty reliable publication but I have not found the filed documents yet.
    This is a troubling situation. They also mention the third amendment but that has to do with soldiers not police officers.

    Am I being a tin foil hat guy over this or is this truly something to worry about.

    When does a lawful order start and stop. Move back from crime scene pretty clear lawful order. Go in your house it is dangerous out here pretty clear lawful order. I am taking over your house to watch your neighbor??? Lawful???

    How do the rest of your feel about this?

    Bill

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    no mention of this, yet, in the Las Vegas Sun News
    "If you make something idiot proof, someone will make a better idiot."

    - Anon

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    Distinguished Member Array elmacgyver0's Avatar
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    Get your tinfoil before it's banned.

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    If its true, I'm sure there is more to the story.
    OldVet and GhostMaker like this.
    " Blessed is that man, who when facing death, thinks only of his front sight"
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    VIP Member Array Badey's Avatar
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    Quote Originally Posted by glockman10mm View Post
    If its true, I'm sure there is more to the story.
    ^^^^^^This. I have a feeling it would be making headlines otherwise.
    GhostMaker likes this.
    Though defensive violence will always be a sad necessity in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men -St. Augustine

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    I am still looking for the legal documents. I have found a post dated in the 2011 time frame so I guess this occured in 2011 and is now seeing its way to trial. I will keep looking if any in the area have information please pass it along. I adnitt I could be a victim of a scam I just haven't had bad dealings with this source before.

    "On the morning of July 10th, 2011, officers from the Henderson Police Department responded to a domestic violence call at a neighbor's residence," the Mitchells say in the complaint.



    Bill

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    If this really happened, and the police action in any way resembled the actions described in the complaint.... This about as wrong as things can get. In my opinion the police actions are so horrible, and sooooo against the law... I dont believe it. I cant believe that so many cops can be so stupid, and corrupt in one place at one time.... I choose to not believe it.

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    I have asked the mods to remove the post until I can find the court documents. I don't want to believe this either. I should have spent more time researching and less time posting it. SORRY
    I am old enough to know better.
    Respectfully,
    Bill

    Another forum has found these two documents I have not found anything else to date.


    http://ia601809.us.archive.org/11/it....95379.1.0.pdf

    http://ia601809.us.archive.org/11/it....95379.1.1.pdf
    Last edited by manolito; July 4th, 2013 at 11:40 AM. Reason: New information

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    Leos arrest home owners and confiscate home w/o warrant.

    Courthouse News Service

    Story is from 2011: Comments from LEOs would be appreciated. What is going on out there?

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    They didn't really "confiscate", the "used". In this case the officers and police department was out of line. Not sure how they are going to make a 3rd Amendment case out of it, but they do have a few other grounds to sue on.

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    Ex Member Array stylus's Avatar
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    Quote Originally Posted by Kennydale View Post
    Courthouse News Service

    Story is from 2011: Comments from LEOs would be appreciated. What is going on out there?
    What a great day to set off several bug bombs in the house and head out.
    NONAME762 and Kennydale like this.

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    VIP Member Array suntzu's Avatar
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    I thought you just suppose to comply when LE or anyone wants to do things like this....at least that is what is being preached in the OC threads LOL
    Then I heard the voice of the Lord saying, “Whom shall I send? And who will go for us?”
    And I said, “Here am I. Send me!”

    Isaiah 6:8

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    Excerpts from The Straight Dope:

    Many jurisdictions require civilians not only to surrender their property to a police officer in an emergency but to help officers subdue suspects on command. The Connecticut Supreme Court noted in State v. Floyd that "the basic concept that every citizen can be compelled to assist in the pursuit or apprehension of suspected criminals has ancient Saxon origins, predating the Norman Conquest, and . . . derives from a time in which the public peace depended upon the ability of the populace to summon their neighbors, through the raising of the 'hue and cry,' to come to their assistance when a crime had occurred."

    Today most jurisdictions have rules empowering sheriffs, and the police generally, to command assistance from the public. These laws are sometimes called posse comitatus ("the power of the county") statutes. The Supreme Court has upheld the federal government's power to commandeer private property but imposed strict limits. In United States v. Russell, the court noted:

    Extraordinary and unforeseen occasions arise, however, beyond all doubt, in cases of extreme necessity in time of war or of immediate and impending public danger, in which private property may be impressed into the public service, or may be seized and appropriated to the public use, or may even be destroyed without the consent of the owner . . . but the public danger must be immediate, imminent, and impending, and the emergency in the public service must be extreme and imperative, and such as will not admit of delay or a resort to any other source of supply, and the circumstances must be such as imperatively require the exercise of that extreme power in respect to the particular property so impressed, appropriated, or destroyed.
    Some states have imposed similar requirements. For instance, in 1999, Ken Salazar, the Colorado attorney general, opined that absent a declared emergency, police could not

    commandeer the use of an electricity generator and employ it to provide electricity to other citizens. To do so . . . the sheriff would have to demonstrate that he could not have "fully performed" his peace keeping functions in that situation without the use of that action, and therefore, his power to act was implied. The sheriff would have to justify his actions based on the facts of each situation, and after the actions have occurred. Therefore, the sheriff is taking a legal risk when relying on a later justification of implied powers. By contrast, the use of traditional arrest powers is more appropriate and well defined.
    Some jurisdictions permit firefighters to demand your property too.

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    VIP Member Array suntzu's Avatar
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    Seriously, after some thought, I would turn off the water and electricity. Any damage or odor left by LE is to be cleaned by the city. I would do a walk through as quick as I could and video everything.
    NONAME762 likes this.
    Then I heard the voice of the Lord saying, “Whom shall I send? And who will go for us?”
    And I said, “Here am I. Send me!”

    Isaiah 6:8

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    Had I not seen the tag line, and the by-line I would have thought this was a story about a town in southern Georgia circa 1950's. If the story turns out to be factual (and it seems it may be as all charges were dropped against the Mitchell's)
    There are numerous changes needed to be made in Henderson. Like firing the entire police department and replacing everyone.
    There are two types of people who carry concealed weapons...Responsible ones and Irresponsible ones...which are you...

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