Domestic Violence Investigation: Cops Violated Third Amendment

undefinedDomestic violence investigation results in alleged violation of Third Amendment Rights, and lawsuit.

The city of Henderson, Nev., is being sued by a family that claims police officers violated Third Amendment rights by occupying their home without permission.

(Related: Domestic Violence Conviction in Michigan: Is it possible to have it expunged?)

Anthony Mitchell was at home when he received a call from the cops who said they needed to occupy the house to gain a “tactical advantage” in dealing with a domestic violence case at a neighbor’s home, Courthouse News reported.

Despite telling the officer he did not want the officers in his home, five officers showed up and broke open the door with a metal ram before pointing their guns at Mitchell, cursing at him and commanding him to lie on the floor.

While laying on the floor, officers fired multiple pepperball projectiles at him, inducing “injury and severe pain,” according to the complaint, which was filed June 30 of this year. Officers also fired pepperball rounds at Mitchell’s dog, even though it posed no threat to them.

(Related: Domestic Violence Definition In Michigan)

Mitchell’s parents, Michael and Linda Mitchell, also live in the neighborhood and claim they experienced a similar situation. Michael says he went willingly with officers to the command center on the premise of making a phone call to the domestic violence suspect, but when he tried to leave, he was arrested. Meanwhile, Linda Mitchell says officers physically forced her from the home.

Anthony and Michael Mitchell were both charged with obstructing an officer and spent 9 hours in jail.

The family is seeking punitive damages from the city of Henderson, as well as Chief of Police Jutta Chambers and officers Garret Poiner, Ronald Feloa, Ramona Walls, Angela Walker and Christopher Worley.

(Related: Is Domestic Violence a Felony?)

The complaint alleges that officers are guilty of a slew of crimes -- including assault, battery and abuse of process -- in addition to violating constitutional amendments. Most notably, the suit alleges officers violated the Third Amendment, which states:

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.

If you or someone you know has been charged with domestic violence in Michigan, contact an expert at (248) 731-4543.

Prain Law, PLLC is a Michigan criminal defense law practice that distinguishes itself from the crowd with its commitment to uncovering and exposing the crucial details in your assault, assault and battery, or domestic violence case that other Michigan criminal defense lawyers either completely miss or simply believe unimportant.

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