Nevada: Anthony Mitchell Home Wanted for “Tactical Advantage” by Police – Send For The ‘No Quartering Here Society’ of Maynard Mass

How long has it been since you thought about the Third Amendment and your right not to allow “soldiers” to “quarter” in your home if you don’t want them there? A long time? Yeah, me too – if ever.” Scarlett O’Hara’s Tara is way in my rearview mirror. Two families of Mitchells, Anthony Mitchell and his wife, and his parents, Michael and Linda Mitchell who live in the same neighborhood, were both approached by Henderson, Nevada police who said they needed their homes to gain “tactical advantage” in a domestic violence case. Will police be considered “soldiers” “quartering” when they takeover your home, drink your water, eat your food and enjoy your air conditioning? The No Quartering Here Society of  Maynard, Massachusetts has just celebrated 222 years with “no stripping of Third Amendment Rights” in those years, and we thank them for that, but…there has never been a case of unwelcome soldiers “quartering” in those 222 years. Maybe the No Quartering Here Society can come to the aid of this Henderson, Nevada family and make history. History is being made anyway as the Mitchell’s have filed a lawsuit. If I were the homeowner, I’d be madder than heck.

Soldiers Quartering Click the pic for interesting information on Britain and our Third Amendment

Soldiers Quartering
Click the pic for interesting information on Britain and our Third Amendment

Mitchell alleges the police, upon entering his home, forced him to the floor at gunpoint, then shot him and his “cowering” dog with a few rounds of pepper-spray pellets. Police then allegedly handcuffed and arrested Mitchell in connection with “obstructing a police officer” before occupying his home.

It didn’t end at Anthony Mitchell’s house in suburban Las Vegas, the complaint continues. That same day, the officers also took over the home of Mitchell’s parents, Linda and Michael Mitchell, who live in the same neighborhood and are named as plaintiffs.

Police may have expected trouble from the Dad and Mom of Anthony Mitchell since the son was so very uncooperative, so they used a different tactic at the senior Mitchell’s home:

The suit alleges that, at the parents’ house, police lured Michael Mitchell from his home to a nearby “command center” by saying they needed him to get the neighbor involved in the domestic violence case to surrender. When officers began to backpedal, Mitchell eventually attempted to leave, which resulted in him being handcuffed and eventually charged with obstructing an officer. Read the entire story at Fox News.

No word on if the police were able to gain “tactical advantage” from either of the Mitchell homes, but all charges against them were dropped, which didn’t stop both Mitchell families from filing a lawsuit. According to attorneys the police “drank water, ate food, enjoyed the air conditioning.” The attorney believes that is “quartering.” Will the courts believe the police were “soldiers?”

Third Amendment:

“No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”

H/T BadBlue 

Linked at Grumpy Opinions. If you haven’t read the story of two teenagers saving a very young girl from a kidnapper, read it here.

  • This arrogance and criminality on the part of our officials comes straight from the top of our Federal Government (not to mention all the corrupt state governments, and I do mean California and Illinois). These police are so ignorant of our Constitution and their limits that it is frightening.

  • If we lose this case we are done. No doubt it will end up with the supremes. I am surprised they used the third and not the fourth.

  • The danger of the argument here is incorporating the Bill of Rights upon the states. While I agree the property owner has rights and the police cannot force themselves into the home we must be careful not to abide by the incorporation doctrine that weakens the Constitution and states rights. If I was the home owner, I would have walked over to my neighbors and alerted them.

    It would be no different than a few years ago when a man was pulled over for flashing his headlights to alert oncoming motorists of the speed trap ahead. The case was thrown out because the man according to his state Constitution had the freedom of expression and speech.

    • Bungalow Bill, that’s an interesting point, but I think they would use obstruction of justice, particularly if someone in the house was in danger – like the wife or children.

  • I hope the police fry on this one. As for a Third Amendment violation … why not. If nothing else, I would make the people of Henderson uncomfortable enough not to want these officers working them any longer.

    • Woodsterman, I too hope the Third Amendment works in this case, and why shouldn’t it – police are our local soldiers. Police brutality would probably not fly – maybe this will.

  • Knowing the courts today the Mitchell family will be charged with multitude felonies and the police given free rein to stomp all over the Constitution.

    • findalis, the police dropped the charges, so had to know they were in the wrong. I hope this lawsuit is successful and police everywhere think twice before they take our homes for any reason (well, I can think of a couple that I wouldn’t mind, under some very unusual circumstances).

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