Rules 3rd Amendment doesn't apply to law enforcement
image: http://www.wnd.com/files/2014/07/cchumley_avatar.jpg
image: http://www.wnd.com/files/2015/04/SWAT.png
SWAT members approach a home during the search for suspects of the Boston Marathon bombings.
The Third Amendment, which guards against the quartering of soldiers in citizens’ homes – and which came into being because of the abuse of British troops against American patriots – has just been dinged by a judge who ruled the provision doesn’t apply to police.
In essence, that means police on official business could claim the legal right to bust into a private citizen’s home and occupy it.
The determination from federal district court Judge Andrew Gordon was rendered when he dismissed a Third Amendment claim from a Henderson, Nevada, family who suffered that very fate.
Anthony Mitchell and his parents Michael and Linda Mitchell sued the City of Henderson and several police agents in federal court for a July 2011 incident they described in court papers.
Volokh reported: “On the morning of July 10, 2011, officers from the Henderson Police Department responded to a domestic violence call at a neighbor’s residence. … [Police] told [Mitchell] police needed to occupy his home in order to gain a ‘tactical advantage’ against the occupant of the neighboring house. Anthony Mitchell told the officer that he did not want to become involved and that he did not want police to enter his residence.”
Police went to the Mitchell family house anyway, and “banged forcefully on the door and loudly commanded Anthony Mitchell to open the door to his residence,” his complaint read.
Mitchell then reportedly contacted his mother to let her know what was going on – and police “smashed open” his door with a metal ram, court documents indicated.
Read more at http://www.wnd.com/2015/04/cops-can-storm-homes-court-suggests/#QvhQ8yzilAAxuqHX.99
No comments:
Post a Comment