Redefining Police As Military Could Come Down to One Nevada Lawsuit


Protesters Demonstrate During The Republican National Convention

Photo of a SWAT team, we may be seeing more of this than we would like

A Nevada lawsuit could redefine police as “soldiers” and police forces throughout the nation as “military.” This isn’t a conspiracy theory nor is it an exaggeration. It is a Third Amendment case that could affect each and every one of us by assigning military powers to our police forces. The United States could very well be ruled by “military” because of this lawsuit.

The case concerns the Mitchell family, ordinary citizens, who did nothing wrong. The “transgression” alleged by police and later dropped is that the son did not want the police to use his home as a spy operation to watch a neighbor involved in a domestic dispute.

Imagine yourself as Anthony Mitchell. You get a phone call from the police asking if you would allow them to come into your home and spy on a neighbor across the way who is embroiled in a domestic dispute. You say no because you would rather not be involved.

That should be the end of it but it’s not.

Several hours later, the police bang loudly on your door demanding you open it up. You don’t answer right away because you first call your parents. Police then take a battering ram and break down your door. You’re in shock standing in your living room with officers screaming and cursing at you to lay down on the floor.

You do as police demand as they scream that you are an “asshole.” They scream at you to shut off the phone and “crawl” towards the police. “Confused and terrified,” you remain curled up on the floor with your hands over your eyes.

Even though you are “prostrate and motionless,” they “pepperball” you – and your dog for good measure. You think you are mortally wounded and you are in extreme pain. Your dog, which posed no threat, runs off and is trapped, in pain, in “100 degree heat all day” in a fenced alcove outside.

Meanwhile your mom is still on the phone terrified as she hears officers screaming and cursing. She then hears the gunshots going off.

The police forcibly, with their knees pressed against your back, pull your hands behind your back and cuff you. They then drag you out of your house by your arms. Once outside, an officer slams your face into a stucco building and holds you there for several seconds. Your neighbors are watching this go down.

You are arrested for “obstructing a police officer.”

The police search your house without a warrant and then take you off to jail for obstruction of justice as they set up a spy operation in your home and watch your neighbor.

As if that is not enough, they take over your parents home and arrest them as well.

Your father is lured from his home with a lie and arrested. Your mother is told to leave her home and eventually, though frail and out of breath, escorted briskly by an officer who has a firm grip on her arm until they reach a “Command Post” up a hill. Both of your parents are arrested for “obstruction of justice.”

Are you angry yet? You should be. It could easily have been you. As I said, the Mitchells are ordinary citizens at the mercy of an overly-aggressive, liberty-trouncing police force.

The complaints against all defendants were dismissed with prejudice though they were arrested without cause. None of the officers were disciplined, possibly to provide cover.

The victim in question, Anthony Mitchell, and his parents, Michael and Linda Mitchell, are now suing Henderson and a long list of police officials and officers.

The police in Henderson have a reputation for acting like the gestapo.

The Mitchells are suing on Third Amendment and Fourth Amendment violations.

The Fourth Amendment reads:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Police actions in this case appear to be a clear violation of the Fourth Amendment. The plaintiffs should win money on these grounds, though I am not a lawyer.

The Third Amendment reads:

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

Will police fall under this and that concept be enshrined in law? Therein lies the danger to individual liberties should a federal court render a decision in this case. The police defined as soldiers, no matter which way the case goes.

There is yet another danger to our civil liberties if this case ends up in federal court.

We never hear about the Third Amendment because the amendment has never been incorporated, according to The Volkh Conspiracy, a renowned law blog.

If this case ends up in federal court and the Third Amendment is incorporated (into states rights), the resulting decision will determine the rights of people in every state. It could end up limiting every citizen’s rights if the decision is that police are soldiers and their force is military.

Police do have SWAT teams and they do use military-style vehicles, weapons, and communication systems. They are involved in tracking down terrorists. A case can be made that police are military.

A finding for the police on Third Amendment grounds could apply to every state and every citizen and resident.

We not only have the NSA spying on us with drones, but the police are doing it as well. Police are arresting people based on social media comments. They are stealthily collecting data on us and using it against us. In the end, how do we keep politics out of this?

The United States as a police state is no longer the fodder of conspiracy theorists. Are you awake yet America? Will you ever say enough?