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excon · Apr 3, 2009, 09:42 AM

Hello legal beagles:

If a fire is approaching your neighborhood, can the cops order an evacuation, and FORCE you out of your home?

excon

this8384 · Apr 3, 2009, 09:55 AM

I'm going to say no, but what the hell do I know?

Although I'm not sure why you'd want to stay, either...

AK lawyer · Apr 3, 2009, 12:48 PM

Actually, yes they can.

It's probably some sort of a crime or violation to refuse to evacuate under those circumstances.

twinkiedooter · Apr 4, 2009, 08:53 AM

If you want to stay and defend your home I don't see this as being a crime. The brave folks in California do it all the time when the wildfires converge upon residential areas. But then, if you stay and get overcome by the flames or smoke you can't sue (except maybe God).

JudyKayTee · Apr 4, 2009, 10:01 AM

I thought that if there's an evacuation order signed (presumably by a Government official) you CAN be ordered to evacuate and dragged out/arrested if you do not comply.

excon · Apr 4, 2009, 10:58 AM

Hello again, legal beagles:

So, I presume there's LAW on the subject instead of speculation... But, I can't find any.

They need a warrant to remove ITEMS from your house, don't they? Wouldn't you think they'd need a warrant to remove PEOPLE? I do.

Therefore, I do not believe they can just walk into your house and take you away, or order you to leave! They just make it up as they go along.

I'm willing to be wrong.

excon

Fr_Chuck · Apr 4, 2009, 11:56 AM

This is a yes and no, the police can not do it unless your life is in direct harm. They can drag you out of a burning building and enter a burning building without any warrants.

Thus part of the issue, if because of the threat, they do order a required evactuation but I have never seen them inforced, New Orleans, California fires, the volcano in Or. Are all examples.

albear · Apr 4, 2009, 11:59 AM

Wouldn't think so as I remember hearing about a man who lived next to a lake where a volcano was about to erupt and the ordered an evacuation and he stayed there saying his family had lived there for generations and was then promtly burnt to death.

AK lawyer · Apr 4, 2009, 10:52 PM

Originally Posted by excon

Hello again, legal beagles:

So, I presume there's LAW on the subject instead of speculation... But, I can't find any.

They need a warrant to remove ITEMS from your house, don't they? Wouldn't you think they'd need a warrant to remove PEOPLE? I do.

Therefore, I do not believe they can just walk into your house and take you away, or order you to leave!! They just make it up as they go along.

I'm willing to be wrong.

excon

One would need to know the state in order to cite a statute, Excon.

We're not talking search and seizure as in a criminal investigation, therefore any warrant analogies would be misplaced.

Alty · Apr 4, 2009, 10:59 PM

I have a stupid question.

Who would want to stay if a fire was approaching?

Having asked that, heck, to each there own. I don't know if it's legal for the cops to remove you, it's your home, your life, if you have a death wish then who's to say leave?

Isn't suicide illegal though? If so, then wouldn't staying in a building that's about to burn be considered attempted suicide and therefore illegal?

What do I know? Not a legal expert. ;)

ScottGem · Apr 5, 2009, 05:57 AM

Generally in a general MANDATORY evacutation the governor has declared martial law. Under martial law certain freedoms are suspended.