Forced Entry

[fyrfitrmedic]

While all this is going, in that sleepy little neighborhood, a house starts on fire. Neighbor out walking his dog, sees it and calls 911. Well the first due company is on a call, the second due company gets the tones. Takes them longer to get there then would be normal. They managed to save everyone but poor little Sally.

All the while the first due company is sitting on their thumbs waiting for a key holder.

(Disclaimer: I know that once it was confirmed as a working fire, that the first due would have left the alarm call, but without knowing the alarm was false, they would not have been dispatched to the second call. At least in any of the Depts I've worked for.)

In my own experience, the OIC of the company on the first call would be advised by fire radio as to the nature of the second call and asked as to their pleasure regarding the second call. If the seclond call is a working fire, the OIC of the company on the alarm call would be advised of this and, depending on what's on the street/on location at the alarm call may well make the decision to send some of those assets to the working job, especially if there's possible or conformed entrapment.

[Major Lord]

Transmitting a false distress signal is a felony crime, and requires only general intent to be found guilty. You can find this in U.S.C Title 14 and U.S.C Title 47. Among other things, an individual can be fined 250,000 dollars and imprisoned for 5 years for every offense.  Let us assume that we have found an airplane that we can articulate is emitting a distress signal beyond any reasonable doubt. No person or ELT is visible and the doors are locked. We can assume that: 1) A midget is in the aft section of the aircraft, trapped and summoning our aid by activating the ELT, 2) Evil-Doers came upon an unlocked aircraft and turned on the ELT, or 3) It was an accidental activation of the ELT.

I will leave it to those active duty police to determine whether or not probable cause to enter an aircraft is permissable under these circumstances. A private citizen does not need a warrant to enter or arrest, they do so solely at their own risk.

The Posse Comitatus Act (which only arguably applies to CAP) relies on the supposition that we are "part" of the Air Force.  Lets assume for a minute that we are subject to the PCA, just like any member of the military. The Army  (Corp of Engineers) already enters  private vessels when they represent a hazard to navigation in federal waterways, so a precedent is well established.

Major Lord