Quote:
Originally Posted by ovcatto
As the saying goes, bad cases make bad law! Trying to craft a one size fits all ruling in the case cited by the op and the hypothetical posted above is in my opinion a really bad idea.
In the first case, the actions of the police were so outrageous on so many grounds that asking for redress under the 3rd Amendment is just overkill. In case cited in the OP the police are going to have such a high burden to prove that the ONLY place in the entire universe was from the plaintiff's home. I would think that it would be easier to climb Mt. Everest.
But by the same token, I would not in the least bit happy if the Court handed down a rule so broad as preclude the police from not only evicting a residence but to use that residence to respond to an imminent threat to safety of others, a protection that the 3rd Amendment doesn't not provide nor is in line with a long string of state and federal court decisions.
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i agree, and i am not looking for a ruling that banishes police from evicting people from their homes completely, i do know that there are occasions where it has to happen for the greater good. what i am looking for is sensible case law that tells police, government really, under what conditions that would be acceptable to evict the homeowners. this way there would be clear cut guidelines to follow.
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