Nevada cops sued: forced occupation of private homes

Started by 11B4V, July 07, 2013, 05:47:05 PM

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Syt

Quote from: Syt on July 08, 2013, 09:21:33 AM
I think that was meant to be more of a comment about New Jersey/Soviet Union than your honorable profession as a whole.

Then again, maybe not.
I am, somehow, less interested in the weight and convolutions of Einstein's brain than in the near certainty that people of equal talent have lived and died in cotton fields and sweatshops.
—Stephen Jay Gould

Proud owner of 42 Zoupa Points.

Neil

Quote from: DGuller on July 08, 2013, 09:27:14 AM
Quote from: Barrister on July 08, 2013, 09:19:08 AM
Quote from: DGuller on July 08, 2013, 08:05:34 AM
Is there any backup mechanism for criminally prosecuting those cops?  I wouldn't really trust my local Beeb to impartially investigate and prosecute cops for pretty much anything.
Fuck you Guller.
Well, I don't.  Even if prosecutors aren't all goo-goo eyed when it comes to cops, there is still a huge practical conflict of interest to overcome.  Prosecutors generally work with cops on the same side, so it's not easy to endanger that relationship unless there is an open-and-shut case of police brutality.  It goes for double in Nevada, which has an atrocious record of prosecuting cops for wrongful deaths at their hands.
They're lawyers.  Betraying people is their nature, sort of like scorpions.
I do not hate you, nor do I love you, but you are made out of atoms which I can use for something else.

Eddie Teach

Quote from: Barrister on July 08, 2013, 09:19:08 AM
Quote from: DGuller on July 08, 2013, 08:05:34 AM
Is there any backup mechanism for criminally prosecuting those cops?  I wouldn't really trust my local Beeb to impartially investigate and prosecute cops for pretty much anything.

Fuck you Guller.

Yeah, it's Beeb's boss making the calls to treat cops with kid gloves.
To sleep, perchance to dream. But in that sleep of death, what dreams may come?

The Minsky Moment

Creative, but equating police officers with "soldiers" is a stretch.  The National Guard, as the successor to the state Militias, has been held subject to the Third Amendment, but police forces are a different story.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

Barrister

Quote from: DGuller on July 08, 2013, 09:27:14 AM
Quote from: Barrister on July 08, 2013, 09:19:08 AM
Quote from: DGuller on July 08, 2013, 08:05:34 AM
Is there any backup mechanism for criminally prosecuting those cops?  I wouldn't really trust my local Beeb to impartially investigate and prosecute cops for pretty much anything.

Fuck you Guller.
Well, I don't.  Even if prosecutors aren't all goo-goo eyed when it comes to cops, there is still a huge practical conflict of interest to overcome.  Prosecutors generally work with cops on the same side, so it's not easy to endanger that relationship unless there is an open-and-shut case of police brutality.  It goes for double in Nevada, which has an atrocious record of prosecuting cops for wrongful deaths at their hands.

Again, fuck you.

When jurisdiction have dabbled with hiring independent special prosecutors they run into a pretty fundamental roadblock - your prosecutors have no experience prosecuting, and thus they're not very good at it.

I have no problem telling cops when they've fucked up, and I have some sharply worded emails (sometimes cc'd to superiors, othertimes not) to prove it.

But just to re-assure DG, what happens at least up here is that when cops need to be prosecuted, you get a prosecutor from a different region or jurisdiction.  And while I haven't had to prosecute a cop yet, just a few weeks ago I did prosecute the spouse of another Crown (and I like Crowns more than I like cops).
Posts here are my own private opinions.  I do not speak for my employer.

derspiess

Quote from: The Minsky Moment on July 08, 2013, 10:36:46 AM
Creative, but equating police officers with "soldiers" is a stretch.  The National Guard, as the successor to the state Militias, has been held subject to the Third Amendment, but police forces are a different story.

Where would paramilitary organizations fall?
"If you can play a guitar and harmonica at the same time, like Bob Dylan or Neil Young, you're a genius. But make that extra bit of effort and strap some cymbals to your knees, suddenly people want to get the hell away from you."  --Rich Hall

grumbler

Quote from: derspiess on July 08, 2013, 11:18:18 AM
Where would paramilitary organizations fall?

They'd fall downward.  An updraft might lift them for a bit, but the general trend would inevitably be downward.
The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

derspiess

"If you can play a guitar and harmonica at the same time, like Bob Dylan or Neil Young, you're a genius. But make that extra bit of effort and strap some cymbals to your knees, suddenly people want to get the hell away from you."  --Rich Hall

The Minsky Moment

Quote from: derspiess on July 08, 2013, 11:18:18 AM
Where would paramilitary organizations fall?

Don't know - this doesn't get litigated a lot.
In this case, there are a lot of other violations in play other than the 3rd amendment.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

DGuller

Quote from: derspiess on July 08, 2013, 11:26:36 AM
Teacher jokes  ^_^
I actually never heard that one before.  I never appreciated how lucky I was.  :(

stjaba

#25
Quote from: The Minsky Moment on July 08, 2013, 10:36:46 AM
Creative, but equating police officers with "soldiers" is a stretch.  The National Guard, as the successor to the state Militias, has been held subject to the Third Amendment, but police forces are a different story.

I think there's a case from the 1970's that involves prison guards "occupying" civilian homes in the context of a prison riot. I forget if the court that heard the case found that the 3rd Amendment applied.


Edit: Was confused, the case I was thinking had to do with national guard troops being utilized to replace striking prison guards, so we are probably thinking about same case: http://en.wikipedia.org/wiki/Engblom_v._Carey

Apparently it's the only reported appellate decision on the 3rd Amendment.

grumbler

The future is all around us, waiting, in moments of transition, to be born in moments of revelation. No one knows the shape of that future or where it will take us. We know only that it is always born in pain.   -G'Kar

Bayraktar!

DontSayBanana

Just out of curiosity, why would they go with a quartering argument, as opposed to, say, eminent domain?
Experience bij!

dps

Quote from: DontSayBanana on July 08, 2013, 07:21:23 PM
Just out of curiosity, why would they go with a quartering argument, as opposed to, say, eminent domain?

I'd think issue would be unreasonable search and seizure.  Don't know if the police actually searched the place, but they did sieze it.

Razgovory

I'm sorta of curious who signed off on such a stupid plan.  Or if anyone signed off on it.  Either way, the chief of police should have to answer of something.  It's genuinely bizarre behavior and I have no idea why they thought they could get away with it.
I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017