Posted: 7/8/2013 2:57:59 PM EDT
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http://www.foxnews.com/politics/2013/07/08/family-booted-from-home-for-police-detail-suing-with-rare-use-third-amendment/
"A Nevada family is using a rare legal argument in a lawsuit claiming police tried to commandeer their homes for a surveillance operation and then arrested the homeowners for resisting -- invoking the Third Amendment, which bars soldiers from being "quartered" in a residence without permission. The Mitchell family, in a lawsuit filed July 1, detailed the incident from July 10, 2011. According to the complaint, it all began when the Henderson city police called Anthony Mitchell that morning to say they needed his house to gain “tactical advantage” in a domestic violence investigation in the neighborhood." Never even heard of that used before. Looks like the police screwed up. 
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The family will make bank on what the police did, the police themselves wont be punished in any meaningful way, and the taxpayers will pick up the bill. As far as Third Amendment case law, this wont become part of it. Iirc there has never been a 3A case taken by the SCOTUS? |