Most people are aware of the First Amendment, the Second Amendment, and thanks to recent news the Fourth and Fifth Amendments to the United States Constitution. However, many are not as familiar with the Third Amendment, but American’s unfamiliar with the Third Amendment are about to become educated as the Mitchell family in Nevada are now suing police of the City of Henderson for violating their Third Amendment rights by conducting an unlawful seizure of their home to stakeout their neighbor’s home without their permission.
As a preface, the Third Amendment 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.
According to Courthouse News:
Anthony Mitchell and his parents Michael and Linda Mitchell sued the City of Henderson, its Police Chief Jutta Chambers, Officers Garret Poiner, Ronald Feola, Ramona Walls, Angela Walker, and Christopher Worley, and City of North Las Vegas and its Police Chief Joseph Chronister, in Federal Court.
The family claims, “”On the morning of July 10th, 2011, officers from the Henderson Police Department responded to a domestic violence call at a neighbor’s residence.”
“At 10:45 a.m. defendant Officer Christopher Worley (HPD) contacted plaintiff Anthony Mitchell via his telephone,” the family’s complaint states. “Worley told plaintiff that 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. Although Worley continued to insist that plaintiff should leave his residence, plaintiff clearly explained that he did not intend to leave his home or to allow police to occupy his home. Worley then ended the phone call.”
Read more of this story at Freedom Outpost