Police Abuse

Nevada Cops Commandeer Private Homes, Arrest Residents for Objecting

Congratulations, officers, on managing a Third Amendment violation!

|

Henderson police arrested a family for refusing to let officers use their homes as lookouts for a domestic violence investigation of their neighbors, the family claims in court.

Anthony Mitchell and his parents Michael and Linda Mitchell sued 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.

Henderson, pop. 257,000, is a suburb of Las Vegas.

The Mitchell family's claim includes Third Amendment violations, a rare claim in the United States. The Third Amendment prohibits quartering soldiers in citizens' homes in times of peace without the consent of the owner. …

"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." (Parentheses in complaint.)

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.

Editor's Note: The full complaint can be found here.

(H/T Evan Schlessinger)

NEXT: The Postal Service Scans and Tracks Your Mail

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.

  1. I am going to guess that
    a) the Third Amendment claim is going to be denied on the basis that “Police” are not “Soldiers”,
    b) the the court will find that commandeering of the house was “necessary” for “public safety”,
    c) the fact that the Police were already in the home made the search legal, and
    d) the assault on Michael Mitchell was due to Mr. Mitchell’s “resistance.”

    And when it comes down, I am going to barf.

    1. Pretty sure A-3 was going to occur to others.
      And yes, please barf on the cop’s shoe and tell him it’d hailing.

  2. Had this happened to me, I would, at some point, be going to prison for a very long time.

    1. I’m with you. In a non-pussyfied version if of America we would get medals instead of handcuffs for defending our homes.

      1. Maybe cops would stop these abuses if

        A. They were met by a lawyer at the door in situations like this.

        B. They were met by several bullets after breaking down the door.

Please to post comments

Comments are closed.