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 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, pepper-balled the father and his dog and then incarcerated the man for a day.
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Actually they are not exempt to the 3rd amendment.
Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
The only way is if they are considered civilian and then they still are not exempted in accordance to other amendments to the Constitution. Like the 4th amendment
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Therefor their actions are illegal on multiple levels and against multiple portions of the Constitution. they have no business in your residence or on your property without consent and or a warrant that specifically states what they are looking for and the address which must be the address they are at.
If I were these people I would take the matter to the Supreme court and not even mess around with district or state courts.
Sue them for every dime you can get out of them and hold their superiors accountable for unlawful occupation of private property.
Someone will appeal the whole ruling because over 90% of Nevada land is federal property. So if this man were not living in a State where the mortgage company brokered his home with the federal government, perhaps federalize police persons couldn’t break in the way they did here. Unfortunately, it’s tough to oversee federal or DOJ police forces because they are increasingly intractable and militarized against public interest. When you’ve got the undersecretary of the AG’s office trying to chastise Senators from the Judiciary for their “lack of protocol” when they ask hard questions, you know there’s a power struggle in D.C. In a corrupted system, the little man has not much of an advocate, but himself. Gather up.
Makes me wonder do the police not see this is Hitler SS type activity ?Push Tax paying Americans around to get law breakers.Looks like over kill on every thing they do to me.
That judge needs to read the 3d AND 4th Amendments to the Constitution. There is also the fact that a Federal Judge CAN NOT override the Constitution.
What if it were officers? (Which police are increasingly becoming)… Anyway this happens, This pi$$e$ me off!
*Fedreral*
BULL$#%&!@*.
ok what,s new/???
Don’t think so
one good thing about renting nothing to take