Here’s What Lawyers Told Us

 

 

 

 

” The Mitchell family filed suit against the city of Henderson, claiming their Third Amendment rights were violated. But after Franz’s ordeal, several legal experts say such a case might be a long shot.

“ It certainly sounds like they would have a better argument with the Fourth Amendment,” John Malcolm, director of the conservative Heritage Foundation’s Meese Center for Legal and Judicial Studies, told TheBlaze. “Without knowing the full facts, it seems the SWAT team definitely violated his due process rights with an unreasonable seizure of his person without a warrant.”

  The Fourth Amendment to the Constitution states:

  The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 

“Strict constructionists will tell you (and Fourth Amendment case law bears this out to a large degree) that there is a hierarchy within the Fourth Amendment based on the order of the things protected: person, houses, papers and effects. Thus, a person’s home is held in very high regard by the courts with respect to an individual’s reasonable expectation of privacy and the burden the state must meet in order to violate the sanctity of the home without a warrant,” Abdrabbo said. “

 

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