Family Sues Police For Storming Their Residence For Surveillance - Galt's Gulch

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Family Sues Police For Storming Their Residence For Surveillance

Posted by khalling 12 years, 4 months ago to Government

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They are asserting the 3rd amendment (unusual) in conjunction with the 4th and 14th. I think on its own, will be a hard sell-police are not defined as soldiers, but in conjunction 9th Amendment. What do you Gulchers think?

SOURCE URL: http://www.foxnews.com/politics/2013/07/08/family-booted-from-home-for-police-detail-suing-with-rare-use-third-amendment/?intcmp=obinsite

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Posted by rockymountainpirate 12 years, 4 months ago

It may be a tough sell on the 3rd Amendment, but then how were the cops dressed. Were they in their usual patrol uniforms or the paramilitary camo etc giving the appearance of soldiers? When I read that NLV PD was involved I wasn't as surprised. Another big question for me is why did they have to commandeer the house, and the relatives house too? Just a coincidence? Why not go to the house of the suspect? Why did they have to surveil the suspect instead of questioning?

I hope they win.

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  Posted by khalling 12 years, 4 months ago
  
  the article says they were contacted several times by the police force. they did not return calls, they demanded the police have a warrant to enter the house. TWICE. First time the husband and dog was subdued by pepper spray and forcibly removed, then later, the wife refused entry, but they did not arrest her. THEN they did the same thing at their parents' home which was nearby. I would also claim 5th Amendment-eminent domain.
  
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Posted by dave42 12 years, 4 months ago

The police didn't have a valid search or arrest warrant, and there wasn't an ongoing emergency or active pursuit of a criminal. In the absence of these, the police should have the same rights as ordinary citizens. I would think they could be charged with breaking and entering, assault and battery, petty theft, maybe kidnapping, and possibly others as well.

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