"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 tunnels... "
It's not clear *why* search warrant was served or did this follow a code enforcement inspection and then the police were called?
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.
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!'.
Was the guy a mental case? Getting ready for the end of the world? Is George Bush down there?
I like the one this guy (who was an engineer) made on the sly:
-snip-
I'm in awe of these guys. I've been plugging away for 20 years just lowering the floor in my basement 3feet.
"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?
Jim
At least he remembered the bathroom, and the sewage ejector. Very important.
I don't know any specifics. My guess, it depends on how strong a pulse, and how nearby. However, the rebar would help dissipate the pulse.
A search warrant is required for authorities (typically the police, but could apply to the fire marshal, building inspector or health inspector as well) 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 private property without some sort of exigent emergency situation existing...
~~ Evan
There are some folks who used the old missile silos as homes in the Midwest. Example here:
There are other ways:
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.
The spot next to the neighbor where it was caving in should be enough for an inspection.
It does resemble a gun turret.... "lets the weapon be aimed and fired in many directions."
It ain't the depth so much as the expanded-metal-mesh in the concrete. Faraday cage, etc.
Did you actually read what I wrote ?
"when a home owner denies entry and refuses to grant permission for the government agents to enter private property" a code enforcement officer, building inspector, health inspector, firefighter or police officer can not 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 warrant... 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 code... 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...
~~ Evan
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...
~~ Evan
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.
-- aem sends...
Any evidence turned up in such an investigation probably won't get tossed, either.
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