3rd Amendment? Police Quartered in House ‘without the consent of the Owner’

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3rd Amendment? Police Quartered in House ‘without the consent of the Owner’

The Preamble to The Bill of Rights states “THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.”
It is not often that you see a lawsuit filed in which it is complained that a “Soldier” [in this case police] was “quartered” against the repeated desire of the “Owner.” And the “Owner” complains that the police had to break into the house and forcefully remove said “Owner” without a warrant.
From the Articles of Amendment, The Bill of Rights, here is the Third:
Amendment III
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.
According to Case 2:13-cv-01154-APG-CWH, Filed 07/01/13, in the UNITED STATES DISTRICT COURT, DISTRICT OF NEVADA, page 5 paragragh 19 of the lawsuit, (see full text below)
19. After Plaintiff ANTHONY MITCHELL refused to allow the police to enter his home, the Defendant police officers, including Defendants SERGEANT MICHAEL WALLER, OFFICER DAVID CAWTHORN and OFFICER CHRISTOPHER WORLEY, conspired among themselves to force ANTHONY MITCHELL out of his residence and to occupy his home for their own use. Defendant OFFICER DAVID CAWTHORN outlined the Defendants’ plan in his official report: It was determined to move to 367 Evening Side and attempt to contact Mitchell. If
Mitchell answered the door he would be asked to leave.

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