Warbler said:
Mrebo said:
There is also this "3rd Amendment" case. I don't think the 3rd Amendment claim will fly, but breaking into someone's home and arresting them for non-cooperation with a surveillance operation is certainly illegal. More about police seeking control.
I think the 3rd amendment claim could fly. I think one can argue police are soldiers of a sort. I think one can argue that if the police of today existed when the amendment was written, that the founders would have included them as well as soldiers. I am surprised they are also not making a 4th amendment claim. Seems like their rights to privacy were violated. Did the cops have a search warrant before they broke in? It certainly seems like the cops took things too far.
Well they'd have to argue that cops = soldiers...which I don't buy. They'd have to argue that the occupation = quartering. They'd have to have the Supreme Court declare that the 3rd Amendment applies to the states (via the 14th - that is not automatic and never been decided). I've read they are making a 4th Amendment claim, which one could say is not applicable since there is no search or seizure (aside from the arrest). Good old-fashioned trespass, property damage, assault, false arrest, and other such legal claims are the most straightforward route, I'd wager.
Mrebo said:
I promise I'm not trying to bait ferris to come back.... ;)
please do bait him to come back! He drove me crazy sometimes, but I miss him and his prospective on things.
Okay :P
Well this one time, on a Sunday years ago, my lady friend was driving on the highway with me as a passenger. There was very little traffic. Perhaps one or two other cars on the highway in sight. She was driving like an old lady, at 50 in a 65. Just because she felt like driving casual or something. I didn't even notice. Cop pulls us over. Gives her a ticket for "impeding traffic." Again, no notable traffic. I think the cop probably had a quota to meet.