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English 15 Online
OpenStudy (anonymous):

Is forced evacuation a violation of the people’s right to be “secure in their houses, papers and effects?”

OpenStudy (therealmeeeee):

From a strict reading of the law, then yes, it would probably be a violation of the fourth amendment. But it might be difficult to prove, since a judge only considers the charges filed, not what you might want to argue in court. The most common charge for disobeying an evacuation order is a form of reckless endangerment; You literally get charged with endangering the lives of the rescue personnel who get sent to haul your *** out if you ignore the evacuation order. A judge would simply not be allowed to consider a fourth amendment plea, since a rescue worker/first responder is not searching or seizing your property.

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