awheelterd
Well-Known Member
- Joined
- Oct 18, 2007
- Location
- Kenly, NC
I'll have to look up the specifics. Basically it's because there could be a crime scene and this allows for the preservation of evidence. If the homeowner had committed a crime then was allowed entry they could hide evidence.
Edit:
We can blow up your house even if its not on fire.
Even in the absence of specific statutes, courts have recognized the unique challenge the threat of fire poses. Consider the following quote from the Supreme Court of California in an 1853 case that arose when a San Francisco house was intentionally blown up with gunpowder in a tactical effort to stop an advancing fire on Dec. 24, 1849: “The right to destroy property to prevent the spread of a conflagration as been traced to the highest law of necessity and the natural rights of man, independent of society or civil government. It is referred by moralists and jurists to the same great principle, which justifies the exclusive appropriation of a plank in a shipwreck, though the life of another be sacrificed; with the throwing overboard goods in a tempest for the safety of a vessel; with the trespassing upon the lands of another to escape death by an enemy…
“A house or fire, or those in its immediate vicinity, which serve to communicate the flames, becomes a nuisance which it is lawful to abate, and the private rights of the individual yield to the considerations of general convenience and the interests of society. Were it otherwise, one stubborn person might involve a whole city in ruin by refusing to allow the destruction of a building which would cut off the flames and check the progress of the fire, and that too, when it was perfectly evident that his building must be consumed.” (Surocco v Geary, 3 Cal 69; 58 Am Dec 385, January 1853)
Those are all well and good for 1800's California, but I don't see how those court cases are relevant here. By the merit of those cases, it is only OK for a fire dept to commandeer a home if it is for the greater good. I could see that in a wildfire situation. Those cases do not seem relevant to normal house fires here, duplexes and apartments not withstanding.