Las Vegas Sun

October 1, 2014

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Henderson man sues city and police, saying Third Amendment rights violated

A Nevada man is suing the city of Henderson and its police under the rarely-used Third Amendment, claiming that they unconstitutionally arrested him for obstruction of justice when he refused to let them commandeer his home.

Anthony Mitchell, a resident of a Las Vegas suburb, was arrested by Henderson Police in 2011 after he refused police requests to enter his home to "gain a tactical advantage" against the occupant of a neighboring house. The Third Amendment prohibits the quartering of soldiers in private homes without the homeowners' permission.

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