Friday, July 05, 2013

The Third Amendment

A lawsuit has popped up in Nevada regarding homeowners who were ejected from their home during a siege of their neighbour's house by police.

As militarized as the police are getting, I don't think they are soldiers as described by the third amendment to the Constitution.

For reference here is the full text of the relevant article: "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."

That's fairly clear and somewhat self-explanatory. Depending upon the facts and circumstances, it's entirely possible that the court may find the police justified in their actions.

1 comment:

Andrew said...

Hmmm. I think that there is a good argument that modern police can be defined as having similar roles as 'soldiers' in the 18th century.
I do not believe what they did can be construed as having been 'quartered'.
But I have no doubt that the actions of the police DID constitute an unreasonable search and seizure as defined by the 4th amendment.