Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

VScott

(774 posts)
Mon Mar 30, 2015, 05:13 PM Mar 2015

Federal court rejects Third Amendment claim against police officers

I highly recommend reading the original complaint first.
It's easily one of the most blatant, disturbing, extreme examples of abuse of police powers I'm aware of.

https://www.courthousenews.com/2013/07/03/59061.htm


Back in 2013, a lot of attention focused on a Third Amendment claim against Henderson, Nevada police officers. I wrote about the case here. The Third Amendment, which forbids the “quartering” of “soldiers” in private homes without the owner’s consent, is often the butt of jokes because it is so rarely litigated. But in this case, a Nevada family claimed that local police had violated the Amendment by forcibly occupying their home in order to gain a “tactical advantage” against suspected criminals in the neighboring house.

In this recent ruling, federal district court Judge Andrew Gordon dismissed the Third Amendment claim [HT: VC reader Sean Flaim]. Although it occurred several weeks ago, the ruling seems to have gotten very little attention from either the media or legal commentators outside Nevada. That is unfortunate, because the ruling raises important issues about the scope of the Third Amendment, and its applicability against state and local governments. Here are the key passages from the opinion


http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/03/23/federal-court-rejects-third-amendment-claim-against-police-officers/
1 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Federal court rejects Third Amendment claim against police officers (Original Post) VScott Mar 2015 OP
Thankfully, most of the First and Fourth Amendment claims were upheld. NutmegYankee Mar 2015 #1

Kick in to the DU tip jar?

This week we're running a special pop-up mini fund drive. From Monday through Friday we're going ad-free for all registered members, and we're asking you to kick in to the DU tip jar to support the site and keep us financially healthy.

As a bonus, making a contribution will allow you to leave kudos for another DU member, and at the end of the week we'll recognize the DUers who you think make this community great.

Tell me more...

Latest Discussions»General Discussion»Federal court rejects Thi...