police arrest,assault family for refusing to open home for stakeout.

[OriginalShroom]

I would assume you are referring to DHS??

No, I'm referring to the dangers inherent in defining local and state law enforcement officers as "soldiers" -- a definition with the potential to increase federal oversight of such troops, which wouldn't necessarily be a good thing in all possible instances.

Besides, the case involves far stronger claims under the 4th and 14th Amendments, as well as various state claims under Nevada law, which means there's really no need for the Mitchell's attorneys to pursue such a potentially dangerous precedent. That family is headed for a well-deserved payday with or without the added drama.

I wouldn't be surprised if the premise is that since these police are enforcing the laws on the Government's behest, much as the troops were prior to the revolution, that they are violating the 3rd Amendment. Don't forget, the States also have "military" in the form of their Guard and Reserve units.

 

[OriginalShroom]

Right to privacy[edit]The Third Amendment was once invoked as helping establish an implicit right to privacy in the Constitution. This happened in the majority opinion by Justice William O. Douglas in Griswold v. Connecticut, 381 U.S. 479, 484 (1965) which cited the amendment as implying a belief that an individual's home should be free from agents of the state.[5]

 

[OriginalShroom]

Right to privacy[edit]The Third Amendment was once invoked as helping establish an implicit right to privacy in the Constitution. This happened in the majority opinion by Justice William O. Douglas in Griswold v. Connecticut, 381 U.S. 479, 484 (1965) which cited the amendment as implying a belief that an individual's home should be free from agents of the state.[5]

 

[koshergrl]

This is exactly what Americans rebelled over the first time...unfair taxation leveled against them without their consent...and the law that said that people were required to lodge and feed the king's soldiers at their demand. If a soldier came to your door and told you to take your family out to the chicken coop, ate all your food and stayed in your house, you had no right to do anything. And we fought for many years against that tyranny. And we eventually won.

 

[R.C. Christian]

This thread is full of win.

 

[Duped]

I have a no soliciting sign on my front door, and a warning " Guard Dog " . My neighbor was onced asked by the cops if they could use her house to watch another neighbor. She declined Why the hell would anyone want the government to set up shop in their abode? They have no right.

 

[Gracie]

If the local sheriff asked to set up in my house, I would have no problem with it.
But for those guys to do what they did...and it especially pissed me off about the dog...they ALL need to be fired and never be cops again. Talk about abuse of power.

 

[HereWeGoAgain]

If the local sheriff asked to set up in my house, I would have no problem with it.
But for those guys to do what they did...and it especially pissed me off about the dog...they ALL need to be fired and never be cops again. Talk about abuse of power.

There was a time that I would agree with you. Not anymore.
The police have over stepped their authority one to many times.

 

[Gracie]

If the local sheriff asked to set up in my house, I would have no problem with it.
But for those guys to do what they did...and it especially pissed me off about the dog...they ALL need to be fired and never be cops again. Talk about abuse of power.

There was a time that I would agree with you. Not anymore.
The police have over stepped their authority one to many times.

But it does not mean ALL do what they did. Any time I can assist the local sheriff here....I will. I love 'em.

 

[OriginalShroom]

I will admit that we have a good Sheriff in this County.

He used to be a Democrat, but changed party about 20 years ago.

He's been great on running the illegals out of the county. When he sends people out to a job site, he sends at least 6 cruisers.

I've seen videos where the illegal were running like cockroaches as the Deputy Sheriff vehicles pulled up.

The sheriff just west of us has no problem with Illegals, so we send him all of ours.

 

[Gracie]

lol @ sending him all yours.

 

[HereWeGoAgain]

If the local sheriff asked to set up in my house, I would have no problem with it.
But for those guys to do what they did...and it especially pissed me off about the dog...they ALL need to be fired and never be cops again. Talk about abuse of power.

There was a time that I would agree with you. Not anymore.
The police have over stepped their authority one to many times.

But it does not mean ALL do what they did. Any time I can assist the local sheriff here....I will. I love 'em.

If you live in a rural area where you can get to know your local sheriff and build some trust yeah. If we were talking the feds and big city cops? Nope.

But then again it's been my experience that when you live in a small town,you probably already know why the cops want to watch your neighbor.

 

[Annie]

Sounds like a red herring designed to establish a legal precedence in federal court for equating local law enforcement units as "soldiers".

Let's all hope and pray the Mitchell's don't win this case, at least not on the grounds that their 3rd Amendment rights were violated.

Let's hope the Mitchell's do win. In this case the police overstepped by a mile. Domestic stakeout is not an immediate threat that would allow the breach of 3rd amendment. Only with the militarization of police would such a thought occur to them.

If one doesn't protect their rights, they are acquiescing.

 

[RandallFlagg]

Here's a blast from the past


Cops Raid Wrong House Over 50 Times » Popular Fidelity » Unusual Stuff

 

[The2ndAmendment]

I would only allow them entry (upon my Consent) if I was (at the very least) general informed of WHY they were going to spy on him. If they suspected he was trafficking children sex slaves, yeah sure, but for a minor victimless offense or even low level drug dealing, no.

The Third Amendment does grant them entry, with your CONSENT.

You have the right to revoke Consent prior to them entering.

I would personally sign a contract that had to be renewed every 7 days, in order to retain my right to revoke their presence afterwards. Of course this would only be for high or other infamous crimes.

 

[Politico]

Police Arrest, Assault Family For Refusing To Open Home for Stakeout - | Intellihub.com

Hey LoneLaugher this that freest we ever been shit you were babbling about?

is the dog ok?

That's what I wondered.

 

[FA_Q2]

I would assume you are referring to DHS??

No, I'm referring to the dangers inherent in defining local and state law enforcement officers as "soldiers" -- a definition with the potential to increase federal oversight of such troops, which wouldn't necessarily be a good thing in all possible instances.

Besides, the case involves far stronger claims under the 4th and 14th Amendments, as well as various state claims under Nevada law, which means there's really no need for the Mitchell's attorneys to pursue such a potentially dangerous precedent. That family is headed for a well-deserved payday with or without the added drama.

?
You referred to an ‘end run around Posse Comitatus.’ Upholding this man’s claims with the third amendment cannot change this act in any way shape of form. The act itself refers directly to FEDERAL agents and NOT state ones. This even includes military itself, in the form of the guard.

In essence, the claim that Posse Comitatus might be run around is erroneous, this can have zero impact on that legislation. Is there something else that will justify your fear that a third amendment application for agents of the state including police will somehow bring ‘federal’ oversight issues? I, for one don’t see where you are making such a connection.

BTW, this is not ‘added drama.’ I am for anything that more clearly defines the government’s powers against our rights and pretty much anything that expands those rights. Far from added drama, this would be a fantastic ruling in enforcing and defining our rights. That is ALWAYS a good thing.

 

[JoeB131]

It just amazes me. When I was a kid you were taught to trust the police. How in the hell can you do that when shit like this happens?
I guess the brain washing didnt take. Because I dont trust em for shit.

The main issue is the militarization of the police forces in this country, coupled by the belief among most urban politicans that only the police as government agents should have the right to be armed.

We are re-creating a new upper class of knights, who posses the right of force, and feel the right to lord over the "lower classes"

Note this is not really occuring in rural areas that follow a more traditional sherriff system. Note that 2nd amendment support from smaller law enforcement organizations is near universal.

Well, if the gun companies insist on selling military grade weapons to civilians, including crazy people and criminals, the police would kind of need to be militarized, wouldn't they?

 

[ba1614]

If the local sheriff asked to set up in my house, I would have no problem with it.
But for those guys to do what they did...and it especially pissed me off about the dog...they ALL need to be fired and never be cops again. Talk about abuse of power.

There was a time that I would agree with you. Not anymore.
The police have over stepped their authority one to many times.

Same here, I'm fighting the urge to have less and less respect for them all the time.

 

[HereWeGoAgain]

It just amazes me. When I was a kid you were taught to trust the police. How in the hell can you do that when shit like this happens?
I guess the brain washing didnt take. Because I dont trust em for shit.

The main issue is the militarization of the police forces in this country, coupled by the belief among most urban politicans that only the police as government agents should have the right to be armed.

We are re-creating a new upper class of knights, who posses the right of force, and feel the right to lord over the "lower classes"

Note this is not really occuring in rural areas that follow a more traditional sherriff system. Note that 2nd amendment support from smaller law enforcement organizations is near universal.

Well, if the gun companies insist on selling military grade weapons to civilians, including crazy people and criminals, the police would kind of need to be militarized, wouldn't they?

With all these so called military grade guns out there you would think more cops would get shot by them. The crack head with the Tec-9 is the one you have to worry about.