So outside of common sense, when can the gov't or an LE force you to leave your house...I understand getting the hell out if you're in the path of a fire, but that's not what I'm talking about. I mean can they come in and condemn your home, or say there's a chemical spill and forcibly remove you? Can they use any "emergency" excuse to remove you? What rights do we have to tell them to #sand?
Then if they try to forcibly remove you, can they prosecute you?
Katrina comes in mind.
Merely pulled from wiki:
Enforcing evacuation orders
In the United States a person cannot be forced to evacuate under most conditions. To facilitate voluntary compliance with mandatory evacuation orders first responders and disaster management officials have used creative techniques such as asking people for the names and contact of their next of kin, writing their Social Security Numbers on their limbs and torso so that their remains can be identified,[4]and refusing to provide government services in the affected area, including emergency services.
Back when I lived in FL, there were several hurricanes that were cause for "mandatory evacuation" orders in my neighborhood. The authorities that came door to door were polite and had been told 'no' enough times not to beleaguer the point. Most of us thanked them for their efforts and wished them well. Their selected time of day to come door to door was interesting as well: 2am at my home.
I don't think we need to worry about hurricanes here in the front range, but in the wiki/govie world what does "most conditions" mean? Zombie's? Stupid people? Neighbors with annoying dogs? Man eating squirrels? Leg chomp'n pheasants??? My question is mainly pointed at the search and seizure of the guy in New Mexico. Can the gov't come in and just make up a "gas leak" story and try to forcibly remove you, then after you're out search your home? I know katrina comes to mind and I agree with some of it, but what do all of you think would happen?
Be aware that if LEO did involuntarily remove you from your home without a warrant, your remedy is going to be to sue them and hope that a jury thinks you are entitled to a monetary judgment.
I don't believe that there are any conditions where they can make you leave, even under a mandatory evacuation. If you do leave however they can keep you from re entering.
That was the problem with Cocoa Beach in 2004. We had 4 hurricanes that year. I stayed away from my beachside condo, during those hurricanes. But I remember the paper showing people who were not allowed to return to their homes by the police. I usually left a few days before the hurricane hit. I had a small camper and a big dually to tow it, so I had someplace to stay.Quote:
Originally Posted by birddog
UnderaMANDATORYEvacuationOrder:Governmentofficials orderall persons in designated evacuation areas to relocate to safer locations for their own safety. Personal discretion is not to be a deciding factor. A mandatory evacuation order will apply to the public in general. Exceptions would include public safety officials, disaster response personnel and organizational / agency / business employees designated as "critical workforce" or "essential". However, all of these individuals will be expected to eventually seek adequate shelter prior to the onset of hurricane conditions. Persons who refuse to comply with a mandatory evacuation order will not be arrested nor forcibly removed from their homes. However they should not expect rescue or other lifesaving assistance after the onset of gale force winds. (The same will hold true for persons ignoring a voluntary evacuation order.)
This is from the ColoradoEmergency Operations Plan (I underlined the interesting part)
The entire plan can be found here: page 5
http://www.colorado.gov/cs/Satellite...&ssbinary=true
During the High Park fire they had many people that wouldnt evac and were simply told that if you stay nobodys coming in to save your ass if the flames come a knocken.
Fires, I fully understand, especially for you mtn folk... but i'm looking at what big brother could do to take us out...Where is the tinfoil hat? I'm talking red dawn, alien invasion, or worse yet....mental illness!Quote:
Originally Posted by mpatch