From Wikipedia Third Amendment to the United States Constitution :
The Third Amendment has been invoked in a few instances as helping establish an implicit right to privacy in the Constitution. Justice William O. Douglas used the amendment along with others in the Bill of Rights as a partial basis for the majority decision in Griswold v. Connecticut (1965), which cited the Third Amendment as implying a belief that an individual's home should be free from agents of the state.
-PJ
Umm, I think it’s right that using 3A in this way was part of the court discerning emanations of penumbras that find new rights.
Quartering of soldiers is prohibited. That had a quite precise meaning at the time.
This case was not it.
To my mind, you cannot object when the court finds a “new right” in the Constitution that you disagree with, but want the courts to find new rights you approve of.
Are you sure you are not thinking of Poe v. Ullman, 367 U.S. 497, 516 -522 (dissenting opinion - See more at: http://caselaw.findlaw.com/us-supreme-court/381/479.html#sthash.oXszuUAR.dpuf
Note it is a dissenting opinion