Posted on 07/04/2013 4:25:44 PM PDT by UAConservative
The Third Amendment, which forbids “the quartering of soldiers” in private homes in peacetime without the owner’s consent, is often the butt of jokes among lawyers, because it generates so little litigation. But the Amendment has come up in this ongoing Nevada case, along with the Fourth Amendment and state law claims [HT: my former student Michael Mortorano]:
SNIP
“On the morning of July 10th, 2011, officers from the Henderson Police Department responded to a domestic violence call at a neighbor’s residence,” the Mitchells say in the complaint.
It continues: “At 10:45 a.m. defendant Officer Christopher Worley (HPD) contacted plaintiff Anthony Mitchell via his telephone. Worley told plaintiff that police needed to occupy his home in order to gain a ‘tactical advantage’ against the occupant of the neighboring house. Anthony Mitchell told the officer that he did not want to become involved and that he did not want police to enter his residence...
SNIP...
It continues: “The officers banged forcefully on the door and loudly commanded Anthony Mitchell to open the door to his residence.
“Surprised and perturbed, plaintiff Anthony Mitchell immediately called his mother (plaintiff Linda Mitchell) on the phone, exclaiming to her that the police were beating on his front door. “Seconds later, officers, including Officer Rockwell, smashed open plaintiff Anthony Mitchell’s front door with a metal ram as plaintiff stood in his living room. “As plaintiff Anthony Mitchell stood in shock, the officers aimed their weapons at Anthony Mitchell and shouted obscenities at him and ordered him to lie down on the floor....
SNIP
Officers then arrested him for obstructing a police officer, searched the house and moved furniture without his permission and set up a place in his home for a lookout, Mitchell says in the complaint.
(Excerpt) Read more at volokh.com ...
Personally, I doubt the courts will entertain the 3rd Amendment here, reading it as a "soldiers only" amendment. However, the Founders would probably be awestruck in horror at such an abuse.
The ratio of decent officers to bad actors is changing rapidly as the training is for bad acting now.
Wouldn’t it also be a 4th amendment issue?
I’ve contended as of late that the government is violating the third amendment by spying on us through our technologies. Most of us would be hard pressed to survive without a phone as a basic need. The government spies on the phones in our homes to gather intel on us. They are stand in soldiers.
This case does strike me as wrong. Quartering generally meant providing them aid and comfort with amenities like a bed, meals, and facilities for bathing and toilet needs. If these state soldiers, the police, are staying in the home and availing themselves of the amenities, that smacks of quartering to me.
This is not America the beautiful anymore folks.
By your analysis, the federal government could avoid third amendment limitations simply by delegating domestic control to the national guard of a state, unless the invaded homeowner could prove that the state national guard was an agent of the federal government.
I think conservative judges, at least, would not construe the constitution that way.
Objection! — The War on Drugs, formally declared by congress in the Comprehensive Drug Abuse Prevention and Control Act of 1970, pushes law enforcement into the roll of soldier
. Therefore, they were quartering soldiers.
;)
However, the Founders would probably be awestruck in horror at such an abuse.
Yes; very much so.
My analysis? say, what?
“Police are in aggregate decent and respectful people whom we salute”
You been smokin Crack??
Police are the most corrupt, morally bankrupt, dishonest people on the planet. Every jack booted thug involved in this ARMED INVASION and FELONY KIDNAPPING (See OJ ) Belong in prison for LIFE, Personally I would ask for the Death Penalty. This is and was a TERRORIST ACT, there is NO EXCUSE. Personally I would Never believe or trust in ANYTHING a Police Officer says or does.
"We?" Speak for yourself.
The city will shop for a kangaroo judge or appellate judges, and in the end appeal for a reduction in the award.
Justice would consist of the Feds going after criminal civil rights violations and insisting on sentences that would make the cop's heads spin, but that won't happen.
Instead, the Feebs will drop charges for an admission of guilt and an agreement to be informers on the rest of the police department for the Feebs. In a couple of years the Feebs will own the whole police department, and these cops will be doin' the same but on Feebs orders.
reading it as a “soldiers only” amendment. ...We did not have civilian police, then. Soldiers are armed personnel, paid for by the King. Police are armed personnel, paid for by the King. No damned difference, just nuance.
Wholeheartedly agree. It's amazing how much the city council in my hometown defends them as well. It goes something like, "If you don't support the police, then you're supporting crime."
I'm in my twenties now, and all I can hope for is that my generation can stand up to such tyrannical excess. If not, we are doomed to live in a police state in perpetuity.
How does one distinguish?
Since the Third Amendment hasn’t been “incorported” yet, it doesn’t apply to cops because they are local, not Federal.
However a Fourth Amendment case seems more appropiate.
Police are under local, not Federal jurisdicion.
Tthe Third Amendment hasn’t been “incorported” yet, it doesn’t apply to cops because they are local, not Federal.
Yeah, maybe 30 years ago...
Today...not so much...
In the last 5 years...EVERY single interaction with a LEO has been negative...
Most (as in almost all) are pompous arseholes who are powermad and think nothing of jerking you around just for kicks...
1. I was pulled over at 11:30 at night coming home from a business trip...When I inquired why I was pulled over he said one of my license plate lights was out...I checked, it wasn't.
2. My daughter ran my car into a ditch at night...I was yelling (not screaming) at her for being irresponsible.. four cop cars came up and draw their weapons at me.
3. I am going home from work one day and see my wife (middle age white women driving a Camry) pulled over by 3 cops cars..I stopped to inquire just what was going on...I was immediately threatened with arrest if I didn't leave.. I nor her ever found out why they stopped her..
4. My son was accused of buying liquor for a underage girl..her father a cop come to my door and threatened to arrest him on the spot... rather than actually inquire if his daughter was lying to cover her ass...or if my kid actually did something that stupid and respect me as his father to find out, he comes to my front door and basically threatens me and my family... My son was underage as well...
” there are a few bad actors that spoil the broth. “
Just like the Muslims, a few are terrorists but the rest say nothing. Or is it that both are more than full of terrorists but we want to feel magnanimous for loving them both?
Sorry, I meant to address that to AUConservative.
plus almost all pd’s take fedgov money, training and equipment.
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