"VIVA" THIRD (3rd) AMENDMENT IN LAS VEGAS: Constitutional Law Update By Attorney & Author Charles Ware

www.CharlesJeromeWare.com

The least-cited and rarely-used Third (3rd) Amendment to the U.S. Constitution's Bill of Rights is the subject of a federal civil lawsuit in the Las Vegas metropolitan area.

Residents in Henderson, Nev., filed a federal lawsuit saying police entered their family's two homes without warrants and without permission in order to gain tactical advantage of a neighboring domestic dispute [see, Anthony Mitchell, et al. v. City of Henderson, Nevada, et al., U.S. District Court for Nevada, Civil Case No. 2:13-cv-01154-APG-CWH (filed 07/01/2013)].

Plaintiffs, the Mitchell family members, refused to let SWAT officers use their home on July 10, 2011, to monitor a developing domestic situation at a house nearby, the Las Vegas Review-Journal reports. And when they refused, the family alleges police were rough with Linda Mitchell and arrested her husband Michael Mitchell and her son Anthony Mitchell on charges of obstructing a police officer. The charges were later dropped with prejudice.

The family also alleges police shot Anthony Mitchell, who lived near his parents, and their dog Sam with a "pepperball gun."

The suit alleges violations of the Third Amendment, which prohibits soldiers from quartering in a home without the homeowner's consent.

Third (3rd) Amendment lawsuits are rare.

The Third Amendment states that soldiers cannot be quartered in private homes without the consent of the home's owner. This applies both during wartime as well as during times of peace. It is among the least cited amendments in Supreme Court case law.

Engblom vs. Carey is the only significant case which directly relates to the third amendment. Engblom was a guard who was housed in a prison-owned facility, A strike by the guards led the State to call on the National Guards, which occupied the guard's homes. Mariane Engblom sued that this was a violation of the 3rd amendment, with National Guards being considered as soldiers and that as tenants, she did not give permission for them to occupy her home [Engblom v. Carey, 677 F. 2d957 (2nd Cir., 1982), on remand, 572 F. Supp. 44 (S.D.N.Y., 1982), affirmed per curiam, 724 F. 2nd28 (2nd Cir., 1983)].

[Las Vegas Review-Journal, www.reviewjournal.com/news/ "Henderson family sues police for breaking into their homes"; The Daily Caller, dailycaller.com/7-05-2013/ "Lawsuit: Police seize homes, arrest owners to investigate neighbor"]

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Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, CNN, MSNBC, CBS, ABC, NBC, FOX-TV NEWS, WHUR, WHUT, MPT, BBC, The Wall Street Journal, ABA Journal, et al.]