A lawsuit has been filed against the Henderson, Nev., police department over an incident in which its officers allegedly demanded to use a private home as a lookout for an investigation, then arrested the resident when he refused.

It raises the unusual claim that the police violated the Third Amendment, which prohibits the “quartering of soldiers” in private homes in peacetime without the owner’s consent.

“Whatever the ultimate outcome of this case, it is clear that lawyers and legal scholars should start taking the Third Amendment more seriously,” commented legal scholar Eugene Volohk. “Contrary to conventional wisdom, there is in fact a history of violations of the Third Amendment, such as the military’s brutal treatment of Alaska’s Aleutian Islanders during World War II.”

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