Posted on 07/04/2015 1:13:35 PM PDT by Okimi2200
The Third Amendment was created to protect your home from being quartered by soldiers without your consent. It has very rarely been a matter of debate or litigation, until now.
Federal district court Judge Andrew Gordon recently ruled that the police are exempt from the 3rd Amendment with a case out of Henderson, Nevada after a family had their home broken into and seized by local law enforcement who stated they needed the home to gain a “tactical advantage” against suspected criminals in a neighboring house.
Police actually forced their way into this family’s home, pepperballed the father and his dog and then incarcerated the man for a day.
(Excerpt) Read more at truthandaction.org ...
If I realllly need a ride somewhere perhaps I can just car-jack the nearest patrol car..?
Appointed by Barack Obama.
And the wonder why they are sometimes shot, definitely disrespected and hated...
fascism is as fascism does.
If they come here they better be in full body armor.
EXEMPT from that.
What is the purpose of Law, when the Higher Class
of Patricians and their lackeys (LEO and criminal illegal
killers porting incurable diseases, bombs, and narcotics)
can do what they want, when they want, without
any (none, zed, zero) accountability?
"When the law no longer protects you from the corrupt,
but protects the corrupt from you -
you know your nation is doomed."
-Ayn Rand
"Freedom is never more than one generation away from extinction.
We didn't pass it to our children in the bloodstream.
It must be fought for, protected, and handed on for them to do the same,
or one day we will spend our sunset years telling our children
and our children's children what it was once like in the United States where men were free."
President Ronald Reagan
Wrong amendment.
Should have gone after the secure in person and papers or no search without warrant
Why doesn’t anything exciting like this happen to me??/ I need the money, and believe thee me, I would extract my pint of blood out of those idiots....and where the hell do we keep coming up with these inane judges....sheesh!!!
From the judge’s decision:
In the present case, various officers of the HPD and NLVPD entered into and occupied Linda’s and Michael’s home for an unspecified amount of time (seemingly nine hours), but certainly for less than twenty-four hours. The relevant questions are thus whether municipal police should be considered soldiers, and whether the time they spent in the house could be considered quartering. To both questions, the answer must be no.
I hold that a municipal police officer is not a soldier for purposes of the Third Amendment. This squares with the purpose of the Third Amendment because this was not a military intrusion into a private home, and thus the intrusion is more effectively protected by the Fourth Amendment. Because I hold that municipal officers are not soldiers for the purposes of this question, I need not reach the question of whether the occupation at issue in this case constitutes quartering, though I suspect it would not.
The article states that they sued under the 3rd and 4th.
If they want the whole banana it’s time we gave it to them, starting with this pos. I can’t believe I’m even reading this especially on this day. Sic Semper Tyrannis.
Were there domestic (city, state) police when the Constitution/Bill of Rights were signed?
Sounds to me like the judge was absolutely right. Something can be wrong without it being a violation of a specific constitutional provision.
Apparently the court feels the 3rd Amendment only applies when the govt doesn’t NEED to use your property.
If that were me there would be some cops looking over their shoulders every day for the rest of their short, miserable lives.
L
The judge only ruled that they weren’t soldiers being quartered under the 3rd Amendment. He didn’t rule what they did was OK under the 4th, or didn’t otherwise violate the citizen’s rights. The case wasn’t dismissed.
What’s the odds you run into a Mel Gibson or steve McQueen real life cop dude in Need of your car?
These days. Pretty darn good.
Why is a federal judge ruling on a local police home invasion anyway. Notice they charged the homeowner too.
From Wikipedia Third Amendment to the United States Constitution :
The Third Amendment has been invoked in a few instances as helping establish an implicit right to privacy in the Constitution. Justice William O. Douglas used the amendment along with others in the Bill of Rights as a partial basis for the majority decision in Griswold v. Connecticut (1965), which cited the Third Amendment as implying a belief that an individual's home should be free from agents of the state.
-PJ
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