The 3rd Amendment is a rarely seen topic in US case law. But we now have a real 3rd Amendment case hitting the courts. For those that forget, it reads:
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.
Short version of the case: The police demanded a homeowner vacate his own home, so the police could use it as a lookout point in a domestic violence case. When the homeowner refused, they forced him out, and took his house over. When he tried to literally walk away, down the street, they detained him, and booked them for “obstructing justice,” though they were not formally charged.
Long form details at Courthouse News Service.
I tell you, it’s hard to parody politics nowadays. What am I going to do with all those “Third Amendment Lawyer” cards? I guess I’ll have to trade them in for “Feng Shui Lawyer” cards.
The Henderson PD needs to be sued out of existence. This kind of attitude doesn’t sprout from the base.
If the law were tweaked just a bit so that a judge would have to immediately arraign anyone charged with ‘obstruction of justice’ no matter what time of day (or night) something might change … but probably not.