Third amendment litigation

This interesting article covers a rare area of litigation, the Third Amendment “no quartering” provision.  The plaintiffs alleged that police use of their house for investigation was unconstitutional quartering.  The Court rejected the claim in part because police are not soldiers.  The author of the article, professor Ilya Somin of George Mason, offers this interesting counterpoint to that holding:

A second complicating factor is the increasing militarization of police forces in many parts of the country, which has resulted in cops using weapons and tactics normally associated with military forces. If a state or local government decides to quarter a SWAT team in a private home, it is not clear whether that is meaningfully different from placing a National Guard unit there.


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