Continuously opining, intermittently publishing.
3
July

Police Demand to Use Home as Tactical Outpost

Posted by oshane | Leave a comment at the end of this post.

Nearly two years ago on July 10, 2011, police officers in Henderson and North Las Vegas demanded to use a house as a tactical outpost or command center for a domestic violence investigation of the residents’ neighbors. When the residents appropriately told the police to buzz off, the police battered down the door, shot the occupants with nonlethal bullets, arrested the residents, and commandeered the house. (The charges were eventually dismissed with prejudice.)

Now, the lawyers for the family have brilliantly lain in wait for two years just before the statute of limitations expires* to sue the cities under a host of claims under 42 U.S.C. § 1983 (the federal civil rights statute), notably applying the Third Amendment—the one that prohibits the forcible quartering of soldiers during peacetime—as well as the Fourth Amendment (no unreasonable searches and seizures). Read the complaint here. It is dated July 1, 2013.

Assuming the facts in the complaint as pleaded are true, the plaintiffs deserve blood but will get only money. If the plaintiffs are stalwart enough not to settle (and the cities should absolutely try their hardest to settle), may the jury award them many millions of dollars—as punition for this sort of outlandish, outrageous, malevolent behavior. $100 million sounds about right.

If the government does not settle (assuming the plaintiffs are even willing), and it has the temerity to appeal any judgment, this will be a chance for the appellate attorneys to argue for the incorporation of the Third Amendment against the states—at least in the states inside the 9th Circuit.

Not all of the Bill of Rights apply against the states. (Until the early 20th century, none of the first ten amendments to the U.S. Constitution applied to state governments. See Gitlow v. New York, 268 U.S. 652 (1925), which applied some of the limitations on government in the First Amendment to the states using language in the Fourteenth Amendment.) Most of the Bill of Rights has been incorporated to/against the states. The Third Amendment has not, except in the 2d Circuit (Connecticut, New York, Vermont), because of that Circuit’s holding in Engblom v. Carey, 677 F.2d 957 (2d Cir. 1982).

Admittedly, the Third Amendment, which 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,

contemplates soldiers not police officers, per se. There are also comparative factual issues in the Englbom case that make Englbom harder to serve as an analogy, particularly that the governmental agents were National Guardsmen under the control of the Governor of New York. But without having done much historical research in this area, I’m sure I could come up with a novel but convincing argument to conflate the two concepts (soliders and police).

In any case, the Mitchell family deserves to heap opprobrium upon the cities of Henderson and North Las Vegas and I hope they pay the family handsomely for their actions. Every man’s home should be safe from random governmental force.


* There is no federal statute of limitations for § 1983 claims, so they track the personal injury statutes in the states underlying the federal jurisdictions where the federal courts sit. Nevada’s relevant statute appears to limit these actions to 2 years from the incident.

323 Responses to “Police Demand to Use Home as Tactical Outpost”

  1. visit here says:

    Greetings! I know this is somewhat off topic but I was wondering which blog platform are you using for this website? I’m getting sick and tired of WordPress because I’ve had issues with hackers and I’m looking at alternatives for another platform. I would be great if you could point me in the direction of a good platform.

  2. ScottKah says:

    Заглянув в мир онлайн-развлечений, каждый находит что-то по своему вкусу:будь то классические слоты, азартные столы с карточными играми или вращающиеся рулетки http://www.apicarrara.it/modules.php?name=Journal&file=display&jid=3280

  3. Unquestionably consider that which you stated. Your favourite
    reason seemed to be at the web the simplest
    factor to keep in mind of. I say to you, I certainly get annoyed even as other folks think about issues that they
    plainly do not recognise about. You managed to hit the nail upon the top as neatly as defined out the whole thing without having side effect , people could
    take a signal. Will likely be again to get more.
    Thank you

  4. click here says:

    Thanks a ton for being my own instructor on this niche. My partner and i enjoyed your current article a lot and most of all enjoyed how you handled the aspect I widely known as controversial. You happen to be always really kind to readers much like me and assist me to in my life. Thank you.

  5. click here says:

    For most up-to-date news you have to visit the web and on the web I found this web page as a best site for latest updates.

  6. Lisa says:

    Hello just wanted to give you a quick heads up. The text
    in your content seem to be running off the screen in Chrome.
    I’m not sure if this is a formatting issue or something to do with internet browser compatibility but I thought
    I’d post to let you know. The layout look great though!
    Hope you get the problem resolved soon. Thanks

  7. click here says:

    This is really interesting, You are an overly professional blogger. I’ve joined your rss feed and sit up for seeking more of your fantastic post. Additionally, I have shared your web site in my social networks

  8. Hmm is anyone else encountering problems with the pictures on this
    blog loading? I’m trying to determine if its a problem on my end or
    if it’s the blog. Any feedback would be greatly appreciated.

  9. click here says:

    Very descriptive article, I enjoyed that a lot. Will there be a part 2?

  10. Hi! I could have sworn I’ve been to this blog before but after
    browsing through some of the post I realized it’s new to me.
    Anyways, I’m definitely happy I found it and I’ll be bookmarking and checking back frequently!

  11. klik disini says:

    I am sure this article has touched all the internet viewers, its really really nice post on building up new website.

  12. Parsel4D says:

    Hey, I think your website might be having browser compatibility issues.
    When I look at your blog site in Safari, it
    looks fine but when opening in Internet
    Explorer, it has some overlapping. I just wanted
    to give you a quick heads up! Other then that, awesome blog!

  13. Wow, awesome weblog structure! How lengthy have you been blogging for?
    you made running a blog look easy. The full glance of your web site
    is wonderful, as neatly as the content material!

  14. Hmm is anyone else encountering problems with the pictures on this blog loading?
    I’m trying to find out if its a problem on my end or if it’s the blog.
    Any suggestions would be greatly appreciated.

  15. click here says:

    Many thanks for being the tutor on this topic. I enjoyed your article a lot and most of all enjoyed reading how you really handled the issues I considered to be controversial. You happen to be always extremely kind towards readers really like me and help me in my existence. Thank you.

  16. Its like you read my mind! You appear to know a lot about this, like you wrote the book
    in it or something. I think that you can do with a
    few pics to drive the message home a bit, but instead of that,
    this is great blog. A great read. I’ll definitely be back.

  17. click here says:

    Hi, i think that i saw you visited my site thus i came to ?return the favor?.I am trying to find things to improve my site!I suppose its ok to use some of your ideas!!

  18. klik disini says:

    It’s very simple to find out any matter on web as compared to books, as I found this post at this site.

  19. visit here says:

    Highly energetic article, I liked that bit. Will there be a part 2?

  20. Hi to all, since I am in fact eager of reading this weblog’s post
    to be updated daily. It carries nice material.

  21. click here says:

    Greetings! This is my first visit to your blog! We are a group of volunteers and starting a new initiative in a community in the same niche. Your blog provided us valuable information to work on. You have done a wonderful job!

  22. sbobet says:

    I do not know whether it’s just me or if everybody else experiencing issues with your site.
    It appears as if some of the text in your content are running off the screen. Can someone else please comment
    and let me know if this is happening to them too? This could be a problem with my internet browser because I’ve had this happen previously.

    Thanks

Leave a Reply