CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Friday, July 5, 2013

The Third Amendment and criminal investigation

Ilya Somin at The Volokh Conspiracy has this interesting post, excerpting an article discussing the case:

Henderson [Nevada] police arrested a family for refusing to let officers use their homes as lookouts for a domestic violence investigation of their neighbors, the family claims in court.

Professor Somin's take:

The most obvious obstacle to winning a Third Amendment claim here is that police arguably do not qualify as “soldiers.” On the other hand, as Radley Balko describes in his excellent new book The Rise of the Warrior Cop, many police departments are increasingly using military-style tactics and equipment, often including the aggressive use of force against innocent people who get in the way of their plans. If the plaintiffs’ complaint is accurate, this appears to be an example of that trend. In jurisdictions where the police have become increasingly militarized, perhaps the courts should treat them as “soldiers” for Third Amendment purposes.

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Yikes, this sounds very scary. Combine this with what just happened in Egypt, police and the military may be getting out of control. Not sure what the solution is to this rampant problem worldwide.

Posted by: Steven J Fromm | Jul 6, 2013 7:08:15 AM

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