"The City of Austin Tuesday released photos of the web of tunnels a man dug
underneath his East Austin home. Under the yellow home are three stories of
"South Austin: We're all here because we're not all there"
If you are weird enough that the neighbors find you scary, they will
find some excuse to bring the local authorities on you. In the case of
the tunnels, and a small lot, yes I can see how this could reasonably
pose a danger to the neighbors houses, yard drainage, wells, etc. But if
this fellow was out in the boonies, Mother Nature is well capable of
giving him a dope slap as needed.
I wonder if any of the old VC tunnel wizards changed their mind and came
to states as a refugee, and saw that news report? I can just see one of
them shaking their head and muttering 'Amateur!'.
A search warrant is required for authorities (typically the police,
apply to the fire marshal, building inspector or health inspector as
when a home owner denies entry and refuses to grant permission for the
government agents to enter private property...
It is the ONLY legal way for the authorities to gain entrance to
property without some sort of exigent emergency situation existing...
There are other ways:
1. Permission of the owner or someone the authorities believe is acting as
the owner's agent.
2. If the property is abandoned, looks abandoned, or looks like it should be
abandoned (the last applies to most trailer houses).
Remember, the 4th Amendment prohibits only "unreasonable" searches. You can
be searched at airports, points of entry, "stop and frisk" (Terry stops),
and so on. Further, there is no LAW against an unlawful search; the only
sanction is that anything found can't be used against you.
Did you actually read what I wrote ?
"when a home owner denies entry and refuses to grant permission for
government agents to enter private property" a code enforcement
building inspector, health inspector, firefighter or police officer
FORCE their way into your home without an emergency situation
existing that effects the property in question... This is generally
allowable under either the "public safety" or "exigent circumstances"
exceptions to the search warrant requirement...
As far as police officers are concerned they do not need a warrant to
enter if they have probable cause a crime is being committed and that
evidence of said crime would be destroyed if they left to obtain a
As soon as all occupants of the property have been secured, no further
searching is to be conducted until one of the officers explains the
probable cause to a judge or magistrate and authorization in the form
of a search warrant is granted...
Umm... I don't know where you are coming up with your information
but any official who needs to force entry to a premises (even if it is
abandoned or for some reason the owner can not be identified)
the public official MUST obtain a warrant to enter... Period...
No exceptions other than being given permission from an owner
or tenant whom has legal control and authority over the property
-- and the building department knows exactly who the owner
is... After all you need to obtain a certificate of occupancy after
an inspection after the property is finished being built or when it
changes ownership after a sale...
The 4th Amendment only applies to your rights when a criminal
offense is being considered... Not a civil violation of building
Entirely different rules apply... The public official must ask the
homeowner for permission to enter, if it is refused then the official
must describe whatever violation they believe to exist to a judge
or magistrate and obtain a search warrant to enter which is
enforced and served upon the property owner by the police
to assist the inspector in gaining entry to carry out their duties...
Oh, BS. If the neighbors report smoke, and the first truck sees smoke
coming out of the house, they WILL break the door open. Same if they
smell decomp and the neighbors complain, and nobody answers the door.
'Exigent circumstances' applies pretty much to ANY public health and
safety issue. If house is apparently abandoned, and they are searching
for a lost kid or hear screams, again, they WILL enter to look. What
they find may indeed get tossed from any followup criminal prosecution,
but under those circumstances, they won't really care.
Not without asking for and obtaining permission from the owner...
If the owner had refused, the visible holes in the ground from
various "plain view" locations would have been enough to
establish that the homeowner's rights to privacy inside their
home could be overruled because of the greater need for
the safety of the others living around them to investigate
the cause of the sinking ground around the structure...
I saw that on another list. Makes me wonder. If he'd shored up the
tunnels better, and not gone so close to the surface. Mighta been no
one noticed, ever.
My prediction is that the local government charges him a lot of money
to clear out all the stuff, and then back fill the holes he spent so
much time digging. We can't have anyone be different than the rest.
On Wed, 19 May 2010 18:30:25 -0700, "Jon Danniken"
I'm in awe of these guys. I've been plugging away for 20 years just
lowering the floor in my basement 3feet.<g>
"The Subterranean Fortress literally goes down 4 stories deep. Because
of the depth and the thickness of the cement the computer room is
Electro Magnetic Pulse (EMP) wave proof."
How deep or how much concrete does one need to EMP-proof stuff?
HomeOwnersHub.com is a website for homeowners and building and maintenance pros. It is not affiliated with any of the manufacturers or service providers discussed here.
All logos and trade names are the property of their respective owners.