How long has it been since you thought about the Third Amendment and your right not to allow “soldiers” to “quarter” in your home if you don’t want them there? A long time? Yeah, me too – if ever.” Scarlett O’Hara’s Tara is way in my rearview mirror. Two families of Mitchells, Anthony Mitchell and his wife, and his parents, Michael and Linda Mitchell who live in the same neighborhood, were both approached by Henderson, Nevada police who said they needed their homes to gain “tactical advantage” in a domestic violence case. Will police be considered “soldiers” “quartering” when they takeover your home, drink your water, eat your food and enjoy your air conditioning? The No Quartering Here Society of Maynard, Massachusetts has just celebrated 222 years with “no stripping of Third Amendment Rights” in those years, and we thank them for that, but…there has never been a case of unwelcome soldiers “quartering” in those 222 years. Maybe the No Quartering Here Society can come to the aid of this Henderson, Nevada family and make history. History is being made anyway as the Mitchell’s have filed a lawsuit. If I were the homeowner, I’d be madder than heck.
Mitchell alleges the police, upon entering his home, forced him to the floor at gunpoint, then shot him and his “cowering” dog with a few rounds of pepper-spray pellets. Police then allegedly handcuffed and arrested Mitchell in connection with “obstructing a police officer” before occupying his home.
It didn’t end at Anthony Mitchell’s house in suburban Las Vegas, the complaint continues. That same day, the officers also took over the home of Mitchell’s parents, Linda and Michael Mitchell, who live in the same neighborhood and are named as plaintiffs.
Police may have expected trouble from the Dad and Mom of Anthony Mitchell since the son was so very uncooperative, so they used a different tactic at the senior Mitchell’s home:
The suit alleges that, at the parents’ house, police lured Michael Mitchell from his home to a nearby “command center” by saying they needed him to get the neighbor involved in the domestic violence case to surrender. When officers began to backpedal, Mitchell eventually attempted to leave, which resulted in him being handcuffed and eventually charged with obstructing an officer. Read the entire story at Fox News.
No word on if the police were able to gain “tactical advantage” from either of the Mitchell homes, but all charges against them were dropped, which didn’t stop both Mitchell families from filing a lawsuit. According to attorneys the police “drank water, ate food, enjoyed the air conditioning.” The attorney believes that is “quartering.” Will the courts believe the police were “soldiers?”
“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.”