Later On

A blog written for those whose interests more or less match mine.

Federal court rejects Third Amendment claim against police officers

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Very interesting article in the Washington Post by Ilya Somin:

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: . . .

Continue reading.

Written by LeisureGuy

25 March 2015 at 11:28 am

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