This truly insane... house after house invaded...

[ryknoll3]

Fox News' website has picked up this story (OP's story) and they quote a legal professor who says they have a tough, tough case going the 3A violation route and that, "Nevada should compensate the Mitchell's for the temporary use of their home and for any damages caused in the operation." YEAH, cause some rent and some money for the food they ate was REALLY the whole issue here! It's amazing how people, including law professors just give the police a pass for this blatant violations of someone's home and privacy, thinking that a couple bucks for their trouble should be sufficient. This is assuming on my part that the complaint is even mostly true.

I guess that's the real story... if they'd have knocked on the door with a checkbook and, I don't know, paid the equivalent of a night in a hotel and a trip to the mini bar to the guy, that all would have been well.

Family allegedly forced from home by police files rare 3rd Amendment suit | Fox News

 

[AngryRooster]

Fox News has picked it up now.

Family allegedly forced from home by police files rare 3rd Amendment suit | Fox News

Edit: Got beat to it by 30 seconds, LOL

 

[CathyInBlue]

Ya gotta get up pretty early to beat the net ninjas of INGO.

This case is nowhere near being settled by tossing cash for a day's rent and grocery money at the Mitchells. There's false arrest charges at play. You could completely toss out the 3rd Amendment issues and the City of Henderson is still gonna be out a fat wad of cash.

 

[HenryWallace]

...Then they came for me,
and there was no one left to speak for me...

When I see things like this (The House invasion and the video), I get a little sickened, because I KNOW from HISTORY that we are so much deeper into this tyranny than Hitler could have ever dreamed of.

 

[Birds Away]

There seems to be no adult supervision for police...or government in general. Where is the oversight?

 

[Kutnupe14]

...Then they came for me,
and there was no one left to speak for me...

When I see things like this (The House invasion and the video), I get a little sickened, because I KNOW from HISTORY that we are so much deeper into this tyranny than Hitler could have ever dreamed of.

Hyperbole much? Are you saying you'd rather live in Nazi Germany that present day America?

 

[ghuns]

Hyperbole much? Are you saying you'd rather live in Nazi Germany that present day America?

I don't think that's what he's saying, but I don't want to put words in anyone's mouth. I would put more like this: the mechanisms and technology that are in place today enable the possibility of tyranny on a deeper level than Hitler could have dreamed of. Hitler relied on the a simple stick or carrot method to turn the people of Germany into his surveillance machine. But to get to that point he first had to convince them that the threats to their way of life were real. With technology that exists today, our .gov doesn't need informers, they need simply flip a switch and we will provide them with all the information they need.

 

[Redhorse]

I don't think that's what he's saying, but I don't want to put words in anyone's mouth. I would put more like this: the mechanisms and technology that are in place today enable the possibility of tyranny on a deeper level than Hitler could have dreamed of. Hitler relied on the a simple stick or carrot method to turn the people of Germany into his surveillance machine. But to get to that point he first had to convince them that the threats to their way of life were real. With technology that exists today, our .gov doesn't need informers, they need simply flip a switch and we will provide them with all the information they need.

Couldn't have said it better. With all the information people WILLINGLY put about them on the Internet, the government could easily obtain all the information they'd ever want. There's over a billion people on Facebook.

 

[actaeon277]

There seems to be no adult supervision for police...or government in general. Where is the oversight?

Quis custodiet ipsos custodies?

"Who watches the watchmen?"

 

[Hoosierman]

Absolutely ridiculous. That same action would get any one of us arrested and thrown in jail, yet these officers are looking at PAID leave, or at worst getting fired. Not a big deal in the big scheme of things.

 

[rambone]

Update: Third Amendment not violated

The Third Amendment challenge was dismissed by U.S. District Judge Andrew Gordon in February, 2014. He rejected the claim that the actions of the police were tantamount to the quartering of soldiers. Instances of sustained Third Amendment violations are sparse in U.S. case law.

“The Third Amendment was passed in response to several quartering acts imposed on the American colonists by Parliament; these acts functioned as a pseudo-tax to support the British military,” Judge Gordon wrote. “I hold that a municipal police officer is not a soldier for purposes of the Third Amendment… This squares with the purpose of the Third Amendment because this was not a military intrusion into a private home, and thus the intrusion is more effectively protected by the Fourth Amendment.”

The Mitchells will be allowed to proceed with their case based on their claims of suffering unreasonable searches and seizures, as well as having their freedom of speech suppressed when police reacted harshly to being photographed and being shown a hand gesture.

“The defendants [the police] do not dispute that their alleged conduct in pointing firearms at the plaintiffs [the Mitchells] and entering their homes without a warrant would chill a person of ordinary firmness from ceasing to engage in protected activity,” Judge Gordon wrote.

None of the officers were fired, subjected to official discipline, or even inquiry, the lawsuit states.

 

[T.Lex]

Yeah the 3rd Am. was a stretch.

Appropriate that the other claims are proceeding.

 

[HoughMade]

Yeah the 3rd Am. was a stretch.

Appropriate that the other claims are proceeding.

Has the 3d Am. ever been incorporated?

 

[T.Lex]

I don't think there's SCOTUS case on it, but there's a 2d Circuit case (from 1982!) that incorporates.

Engblom v. Carey - Wikipedia, the free encyclopedia

 

[HoughMade]

I don't think there's SCOTUS case on it, but there's a 2d Circuit case (from 1982!) that incorporates.

Engblom v. Carey - Wikipedia, the free encyclopedia

Thanks!

 

[JTScribe]

The Third Amendment challenge was dismissed by U.S. District Judge Andrew Gordon in February, 2014. He rejected the claim that the actions of the police were tantamount to the quartering of soldiers. Instances of sustained Third Amendment violations are sparse in U.S. case law.

“The Third Amendment was passed in response to several quartering acts imposed on the American colonists by Parliament; these acts functioned as a pseudo-tax to support the British military,” Judge Gordon wrote. “I hold that a municipal police officer is not a soldier for purposes of the Third Amendment… This squares with the purpose of the Third Amendment because this was not a military intrusion into a private home, and thus the intrusion is more effectively protected by the Fourth Amendment.”

The Mitchells will be allowed to proceed with their case based on their claims of suffering unreasonable searches and seizures, as well as having their freedom of speech suppressed when police reacted harshly to being photographed and being shown a hand gesture.

“The defendants [the police] do not dispute that their alleged conduct in pointing firearms at the plaintiffs [the Mitchells] and entering their homes without a warrant would chill a person of ordinary firmness from ceasing to engage in protected activity,” Judge Gordon wrote.

None of the officers were fired, subjected to official discipline, or even inquiry, the lawsuit states.

To paraphrase the Judge: "Yes, police are civilians, too."

 

[sidewinder27]

To paraphrase the Judge: "Yes, police are civilians, too."

If police are civilians, too then why do they call every non police person a civilian? I have heard many times police from Maggot all the way to Chief use terms that put themselves in a higher class than civilians.

 

[CathyInBlue]

They're super-citizens.

All citizens are equal. Some are just more equal than others.

 

[Trigger Time]

If police are civilians, too then why do they call every non police person a civilian? I have heard many times police from Maggot all the way to Chief use terms that put themselves in a higher class than civilians.

It's a way to disconnect. And I don't like it. I know there are current programs that are trying to get the police and the community they serve together and to see each other as fellow people. Instead of robots (cops) and terrorist all wanting to kill cops (citizens).
I don't know anything about the case in the op. But hopefully justice is served

 

[BigBoxaJunk]

a person of ordinary firmness

I never get tired of legal terms. (Seriously)

I figure ordinary firmness is somewhere in between Ralph Kramdon and Johnny Rambo.