A Real Live Third Amendment Case

The Volokh Conspiracy ^ | 4 July 2013 | Ilya Somin

[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]:

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“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...

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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....

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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.

[Secret Agent Man]

they shoot first and coverup later. that’s military right there.

[piytar]

Home invasion by armed thugs. Violation of civil rights under color of law. Kidnapping with a firearm specification. That’s just a short list of the crimes it appears to me these thugcops committed.

[PapaBear3625]

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.

If an argument was made that this was "soldiers only", I would respond with the "quacks like a duck" argument. When police are armed like soldiers, and act like military occupation troops, then they should be considered soldiers.

[Ciexyz]

A frightening scenario indeed.

[Forgotten Amendments]

I think conservative judges, at least, would not construe the constitution that way.

I'm afraid what passes for "conservative" judges are really Lock 'em Up and Throw Away the Key!authoritarians who think the Fourth & Fifth Amendments are for hippies. Nobody who honors the Constitution achieves (or wants) power anymore.

[Mr. Jeeves]

I wish Pitt’s speech was reality in the USA, but it’s not. Property taxes alone have rendered the concept of individual real property ownership null and void. Add in the drug wars and asset forfeiture laws and we’re lucky they don’t just evict everybody and charge us rent to move back in to our own houses.

[gleeaikin]

A few years ago I was in Alabama and talking with a Mexican working there for an Atlanta company for $4 an hour painting. I asked him if he would rather be here or in Mexico if he could have work there. He said he would rather be home with his family in Mexico. I asked what he liked here. He said, “here the police are honest.” So I guess Mexican police must be hideous.

[elkfersupper]

Police are under local, not Federal

Technically, you are correct. Except they do everything the feds say.

Why do you think we have seatbelt laws, child safety seat laws, uniform DWI laws with BAC levels dialed down to ridiculously low levels, etc., etc., ad nauseum.

[Orangedog]

Police are in aggregate decent and respectful people whom we salute. But as with all professions, there are a few bad actors that spoil the broth.

I'll go along with that story the all of these so-called "good" cops start arresting those "few" bad apples. Maybe the reason they haven't and won't is because there aren't any good cops or the few that do exist are hopelessly outnumbered by the bad cops.

[Peet]

Police are in aggregate decent and respectful people whom we salute who cover for the "bad apples" and thugs in their midst.

FIFY