Nevada family arrested for not letting police use their home as lookout

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First, the Obama regime trampled on the First Amendment’s promise of freedom of religion by mandating religious Christian groups and institutions (hospitals, schools, universities, even the craft store Hobby Lobby) to provide contraceptives and abortifacients in their “health care” coverage of employees.

Then the regime and its accomplices in the Left and the media seek to trample on our Second Amendment’s promise of our right, as free citizens, to bear arms.

Now the police of Henderson, Nevada, a suburb of Las Vegas with a total population of 257,000, are trampling on the U.S. Constitution’s Third Amendment, which prohibits quartering soldiers in citizens’ homes in times of peace without the consent of the owner.

Henderson police arrested the Mitchell family for refusing to let officers use their homes as lookouts for a domestic violence investigation of their neighbors, in contravention of the Third Amendment. The Mitchells are now suing the City of Henderson, its Police Chief Jutta Chambers, Officers Garret Poiner, Ronald Feola, Ramona Walls, Angela Walker, and Christopher Worley, and City of North Las Vegas and its Police Chief Joseph Chronister, in Federal Court.

Plaintiffs Anthony Mitchell and his parents Michael and Linda Mitchell state in their complaint:

“On the morning of July 10th, 2011, officers from the Henderson Police Department responded to a domestic violence call at a neighbor’s residence. 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.

Defendant officers, including Cawthorn and Worley and Sgt. Michael Waller, conspired among themselves to force Anthony Mitchell out of his residence and to occupy his home for their own use.

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.’

At a few minutes before noon, at least five defendant officers arrayed themselves in front of plaintiff Anthony Mitchell’s house and prepared to execute their plan. The officers banged forcefully on the door and loudly commanded Anthony Mitchell to open the door to his residence. Surprised and perturbed, plaintiff Anthony Mitchell immediately called his mother (plaintiff  Linda Mitchell) on the phone, exclaiming to her that the police were beating on his front door.

Seconds later, officers, including Officer Rockwell smashed open plaintiff Anthony Mitchell’s front door with a metal ram as plaintiff stood in his living room. As plaintiff Anthony Mitchell stood in shock, the officers aimed their weapons at Anthony Mitchell and shouted obscenities at him and ordered him to lie down on the floor. Fearing for his life, plaintiff Anthony Mitchell dropped his phone and prostrated himself onto the floor of his living room, covering his face and hands.

Addressing plaintiff as ‘asshole’, officers, including Officer Snyder, shouted conflicting orders at Anthony Mitchell, commanding him to both shut off his phone, which was on the floor in front of his head, and simultaneously commanding him to ‘crawl’ toward the officers.

Confused and terrified, plaintiff Anthony Mitchell  remained curled on the floor of his living room, with his hands over his face, and made no movement.

Although plaintiff Anthony Mitchell was lying motionless on the ground and posed no threat, officers, including Officer David Cawthorn, then fired multiple ‘pepperball’ rounds at plaintiff as he lay defenseless on the floor of his living room. Anthony Mitchell was struck at least three times by shots fired from close range, injuring him and causing him severe pain.”

Mitchell says in the complaint that the 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.

The officers also hurt Mitchell’s pet dog for no reason whatsoever.

From the complaint: “Plaintiff Anthony Mitchell’s pet, a female dog named ‘Sam,’ was cowering in the corner when officers smashed through the front door. Although the terrified animal posed no threat to officers, they gratuitously shot it with one or more pepperball rounds. The panicked animal howled in fear and pain and fled from the residence. Sam was subsequently left trapped outside in a fenced alcove without access to water, food, or shelter from the sun for much of the day, while temperatures outside soared to over 100 degrees Fahrenheit.”

Sources:

H/t FOTM’s joworth

~Eowyn

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0 responses to “Nevada family arrested for not letting police use their home as lookout

  1. This is the result of all these young cops watching to much TV.. They come to believe they can do as they want and they are in charge of the world. The rest of the country needs to see these assholes in handcuffs being walked to jail, see thier familys now broke and bankrupt and thier Mothers crying over them,, All of them need to be jailed, no pay or retirement and a example made of them, Period.,

     
    • Modern cops… “Uh, my training kicked in” and a public union rep gets them out of it, when soldiers would be in military prison and get a Bad Conduct Discharge for something like this.

       
  2. Never in my days I thought I would ever type this from my fingertips

    Screw the police!

    I hope those sorry cops get taken to the cleaners! Sorry asses is no better then a drug gang taking over a neighborhood or an apartment complex.

     
  3. This is what happens in a country controlled by a dictator. Der Fuher and Stalin would be proud!

     
  4. Old North State

    My grandfather owned a large farm in southern Norway with frontage on the North Sea. During the German occupation 1940-45, he and his large family (wife and 11 children), were rousted and kicked out of their farmhouse numerous times when there was a rumor of an Allied invasion(which never came). The punk police in Nevada are beneath the level of the Nazi soldiers, IMHO!

     
  5. The police seem to be under the impression that this will never happen to them. Irony and his sister Karma plays no favorites. When a dictatorship falls it’s always the foot soldiers that are dealt with first.

     
  6. So much for the domestic violence investigation of their neighbors! Couldn’t the police have used a different house for their surveillance once Mr. Mitchell said “no”?

     
    • The problem when your a jack boot thug like the police in this matter is, you don’t tell them no. You just comply like a good little citizen.

       
    • Why do they need a 24/7 manned stakeout and SWAT team for a domestic abuse case? Who’re they watching, the Sopranos?

       
  7. If I were the Mitchell’s, I’d be planning the layout of the eight bedroom house I would be dropping on the golf course of my choice after I sued the city of Henderson into bankruptcy.

    -Dave

     
    • Sue them into oblivion and beyond?

      I like that idea a lot!

      As we speak lawyers should be in a cage match fighting to get this case.

       
  8. Every one of those Nazis need shot, they would be if they tried that crap in my house! We have let these peon police departments get out of line and do nothing about it. They have to follow the law just like the average citizen, these PUNK COPS have NO SPECIAL RIGHTS, and they need slapped down every time they try to overstep their boundaries, PERIOD! If not they will just get worst thinking that they are above the law just like Bama! Semper Fi.

     
  9. Thank you Dr. Eowyn for this incredible post. The facts of this incident set forth above are absolutely incredible. The police could have sought other avenues of recourse v. terrorizing this man, damaging his property and hurting his dog. I hope he has excellent lawyers!

     
  10. Wow, I’m absolutely speechless here. I honestly have no words to describe the shock from reading this. I hope you keep following this story Dr Eowyn, I’m definitely going to!

     
  11. I think this violates the Fourth Amendment–is that the one about not having to quarter soldiers in one’s house?

     
    • Laurel,

      What you described is the 3rd Amendment. However, what the Henderson police did to the Mitchells was also in violation of the 4th Amendment — on unreasonable searches and seizures.

       
  12. The Henderson cops are a trigger happy bunch, as are the Las Vegas ( Metropolitan Police) cops. Besides a lawsuit the officers and their supervisors should be fired.

     
  13. Holy crap. As a retired LEO this is beyond belief. Everyone of these men should be terminated from their jobs and fined. Their supervisor should go to prison.

     
    • All should go to prison for a very long time and not be in ‘catch out’ but ‘general population’…

       
  14. A lawyer like Jerry Spense could have a field day with this one . The whole dept. sued , screwed , and tattooed . I like the jail time in general population idea .

     
    • me too japoa. They damn well know better than to pull something like this. I hear Nevada has some strong Constitutional Sheriffs. Call them in to kick these communist germs to the curve and smash them like a tomato worm!!

       
  15. Pingback: Nevada family arrested for not letting police use their home as lookout | The D.C. Clothesline

  16. this cant be true….

     
  17. In the end…no one will care, so long as there is food in the stores, the internet works and gas is still under $4…America as I knew it is DEAD

     
  18. Johno, it is time to remove your rose colored goggles and see the truth of the world around you. The actions of the police and the police department are simply appalling!

     
  19. Pingback: THIRD AMENDMENT VIOLATED? NEV. POLICE ALLEGEDLY INVADE FAMILY’S HOME TO USE DURING SWAT CALL, ARREST TWO FOR ‘OBSTRUCTION’ WHEN OWNER REFUSES | The Bold Truth

  20. This was by definition simply an illegal home invasion.
    There is no justification for it under the laws of our nation for such an invasion of a private home.
    Under the laws of Nevada, those committing a home invasion are felons.
    The fact that they used firearms during the home invasion requires a 2 to 10 year sentence, and a $10,000 fine.
    That means that all of the police involved, and their commanders that authorized the home invasion should be imprisoned and
    fined.

     
  21. President Obama’s civilian army with resources equal to that of the US Military is next. He began thumbing his nose at the archaic US Constitution when he ran to Norway to have the committee authorized by the Norweigian Parliament confer upon the sitting President of the United States, an honor without prior authorization of the United States Congress– The Nobel Prize crap–the primary purpose was not to laud the President but to defy the Constitution. US Constitution, Article I, Section 9, Clause 8:
    “No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.”
    President Obama began his office by defying his oath of office.

     

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