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To: Cheeks; Concho; july4thfreedomfoundation; Sherman Logan; ctdonath2; marstegreg; RobRoy; ...

It occurred to me that this is also contrary to the third amendment.

The Third amendment prohibits the quartering of soldiers in private people’s homes without their consent in times of peace, and only according to law in times of war.
{The Constitution, in Art I, Sec 8, also provides for the Congress to call up the militia to enforce domestic laws; the Constitution is Supreme even over Posse Comitatus.}

Anyway, as the ruling says there is no right to resist even unlawful entry by LEOs (or military enforcing the law, presumably), there is nothing you can do to force them to leave as there is no time limit for them to be “investigating”, and if they will not leave that is, in practice, quartering.


89 posted on 05/20/2011 2:42:28 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

I was mulling over a similar theory around the time of the “v chip” controversy. Could be used, but would be a stretch. There is some notion that soldiers were quartered just to suppress or discourage opposition by their mere presence.


90 posted on 05/20/2011 3:16:54 PM PDT by ctdonath2
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To: OneWingedShark
Sorry, but that would die a quick death on court.

Plus, the homeowner would have to bring an action that an extended stay had become quartering.

The courts require the law to be blind, but not stupid.

The ONLY issue in this entire debate is whether the appropriate time to contest what a homeowner believes to be an illegal search is at 3:00 AM with guns drawn, or later, in court, when everyone is awake, sober, rested and reasoned.

91 posted on 05/21/2011 8:52:42 AM PDT by MindBender26 (While the MSM slept.... we have become relevant media in America.)
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