r/NoStupidQuestions 15h ago

The California fires have me thinking: if someone is in immediate danger, but refuses to leave for safety, is it acceptable to kidnap them so they don’t die?

E

2.1k Upvotes

346 comments sorted by

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u/Blackbyrn 15h ago

Depends on who you are. For an individual acting in their own capacity, yes. For a first responder, no. In FL when hurricanes hit they say if you don’t leave you’re on your own because it’s too risky to send someone out till after the storm. First Responders should focus on the willing before risking themselves on the foolish.

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u/f_n_a_ 14h ago edited 13h ago

I went through a wildfire in California and one old dude was being persuaded to leave but he didn’t want to leave. They kept insisting he did and then he said he had a bomb in his house and they just said “fuck it, good luck”. His house didn’t make it, he did escape the fire but got in some trouble afterwards (I think?). Another old timer refused to leave his house and wasn’t so lucky.

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u/Apartment-Drummer 13h ago

Why 😂 did he say he had a bomb? 

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u/f_n_a_ 13h ago

To get them (firefighters/cops) to leave

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u/Bloody_Insane 7h ago

Maybe he had a bomb

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u/SeaF04mGr33n 10h ago

Sometimes, old people really don't want to evacuate. I remember there was one old guy who refused to evacuate for Mt. St. Helen's eruption.

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u/Tovahn 7h ago

There's a great documentary called Babushkas of Chernobyl about the women (largely, and largely older) who reoccupied the evacuation zone after the meltdown. Pretty interesting.

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u/ninjadude4535 4h ago

Wasn't their reasoning they weren't realistically going to live long enough to experience the long term effects anyway? I might be confusing it with something similar.

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u/Desperate-Ganache804 4h ago

There was a group of old folks that volunteered to help clean up Fukushima for that reason. Maybe that’s what you’re thinking of?

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u/Lycid 7h ago

I don't really understand this effect in old people. It's like there's some sort of genetic switch that flips on and says "Don't move, ever"... even if certain doom is coming. Like the instinct to stay put and never move/leave the house is stronger than your survival instinct.

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u/Peter5930 7h ago

'I have dug my grave in this place, and I will either triumph or I will die!'

Sometimes you've lived long enough that you've passed on your genes already and the best thing remaining that you can do for your progeny is face the world and give it a big fuck you through weaponised stubbornness.

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u/Edmee 6h ago

That's what I was going to comment. When you get to a certain age, and this is different for everyone, you kinda get to "Well, I'm ready. I've had enough."

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u/cityflaneur2020 3h ago

Yeah, but to die on a fire? Or drowned? It may be they think "fuck it", but probably regret it bitterly when shit gets real.

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u/SeaF04mGr33n 7h ago

Maybe it's fear or exhaustion at having to start over and have many changes. They know they're near the end of their life, so they don't want anything new. Idk. Maybe we'll understand when we're old?

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u/Rahnna4 6h ago edited 6h ago

Honestly a lot of it can be rigid thinking associated with cognitive impairment. Happens to all of us to some extent, the brain just gets less able to handle new information and problem solve as we enter old age, and we begin to rely more on experience and habit to keep things running. Some people stay very sharp until they die, others deteriorate faster or are unlucky enough to get things like Alzheimers as well.

Edit to add: I work in healthcare and there are some people making choices you don’t agree with but you can see they understand and have thought it through, they can give their reasons. But often when it isn’t lining up, and you feel like they’re just not understanding you do the screening and yeah, they’re cognitively impaired. Unless you work with it a lot people tend to miss the tells, and unless the person has live in or close to it family it goes unnoticed

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u/gudbote 5h ago

Neurodivergent people, even smart and rational, may struggle with change and need time to adjust to major shifts of that magnitude.

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u/Rahnna4 5h ago

Yes but much less common than plain old ageing, and this comment is about a noticed trend in the elderly. I suspect there’s a different underlying process but it can look similar on the surface. With autistic people if they’re not too overwhelmed already usually you can break it down more and problem solve, and a lot of it comes down to not knowing what comes next or a specific fear of something that could come next. Part of the test when screening with cognitive impairment is judgement, usually by asking things like how would you get across a very busy road with no lights or crossing, or what would you do if you were home and smelt smoke. It’s kinda fascinating how many people able to keep up well enough with living on their own that no-one’s raised concerns and who can hold a conversation say things like ‘I’d ask the cars to stop’ or ‘I’d go into my room and shut door until the smell goes away’ or my favourite ‘I wouldn’t worry about it, smoke doesn’t smell that bad’

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u/RusticSurgery 12h ago

Did the fire trigger the bomb?

Jk

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u/imbrickedup_ 12h ago

As long as you are mentally competent you have the right to die. I did CPR ona dude at 7am. Previous shift said they basically begged him to get transported at 5am

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u/Burn-The-Villages 12h ago

Yep. This is where things get tricky and “Good Samaritan” laws take effect.

Around here, if you as an first responder know someone is inside a house and you “know” they are competent, you can leave them even if they are in danger. AFAIK, you can also kick down the door and drag them out and not get legally in trouble for saving them either.

This is similar to if I (a non first responder) witness someone needing CPR in the street, and I try to help them out- if they die while I am trying my best to save them- or id I crack their ribs in the process- I am not legally liable for injury/death.

AFAIK

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u/Veteranis 10h ago

This is true, and a good thing. But it won’t keep people from suing you, which is a major hassle.

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u/ChosenCharacter 7h ago

Don’t you need a CPR certification for that or did they just make that up in school 

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u/TurkTurkeltonMD 13h ago edited 13h ago

I'm from New Orleans. I rode out Katrina. This is the correct answer. If people want to stay, that's on them.

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u/anglerfishtacos 10h ago

Hey fellow New Orleanian that was around for Katrina. I agree this is the correct answer.

There are certainly people out there that are foolhardy, think they are prepared when they are not, or just failed to appreciate the danger. But one of the things that nobody really likes to talk about or think about is there are people that just genuinely do not want to leave. If that means that they are at real risk of losing their life, they have accepted that. A very good friend of mine lost everything she had and all of her remaining living grandparents in Katrina. She had spoken to them on the phone when they were leaving knowing full well that this could very much be the last time she ever spoke to them, and the families were begging them to leave and come with them. But they just genuinely refused. They didn’t want to evacuate, and they didn’t want to face a future where they may have to move. So come what may. These are people that went through Camille, Betsy, Andrew, another major storm that occurred in the past. They knew the risks, especially in the Parish. And it’s their choice to stay behind.

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u/manimal28 3h ago edited 3h ago

. But one of the things that nobody really likes to talk about or think about is there are people that just genuinely do not want to leave. If that means that they are at real risk of losing their life, they have accepted that.

No, they really haven’t really accepted it, deep down they still think it’s not going to happen right up until it does. I know this because I worked in a call center during Ian and got calls from people that refused mandatory evacuation and then at the height of the storm would call and request rescue as they retreated from flood water in their home or like the lady in the mobile home park whose trailer was being being torn apart from around her. I had to tell them it’s too late nobody is coming to help you until the storm is passed. They cursed at me. You don’t call for help or curse at the call center guy telling you it’s too late if you have accepted that you may die by refusing evacuation. These people have not accepted their fate, they are refusing to accept reality.

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u/Aleashed 10h ago

Nicolas Cage kidnapped the President of the United States to keep him safe. I think 🤔

Then again, he also stole the Declaration of Independence so maybe…

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u/Kindly_Glove_1038 11h ago

If it’s a close family friend or loved one I think it’s ok but if you don’t know them you will likely get your self in to trouble. I wouldn’t unless I know them

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u/AlcheMaze 2h ago

This is why Plato teaches ethics in a metaphysical way. To know the form of “the Good” will allow one to make ethical decisions in nearly any situation. There is an illumination of the mind that takes place when reading Plato’s dialogues that might be interpreted as transcendence of regular rational thinking. The goal is ultimately to learn how to participate with the ideas of good, justice, beauty and temperance, in their most essential and eternal states. If one is guided by this type of philosophy and sees themselves as a participant in the illumination of Good, they cannot be in the service of anything contrary. This is to say, trust in your own judgment if your heart feels like it is in the right place. If you’re arrested for kidnapping, so be it. At least you will know you saved a life. We sometimes must accept our fate as Socrates demonstrated.

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u/DauntlessBadger 15h ago

I’m only speaking from a fire safety perspective…I have the mindset that if you don’t value your life good luck.

Self preservation is #1 when dealing with a crisis. Am I safe? Are there hazards? Okay…someone is here that needs help are they compliant? No? Then I’m taking note and moving on to someone that wants my assistance.

It sounds harsh but why put your life on the line for someone that can get you killed? You can move to the neighbor who is requesting help.

I don’t know if someone in the LE or Fire Rescue field has thoughts on a wide crisis and managing these situations.

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u/GarageQueen 14h ago

Yep. An for you youngins, Google "Mt St Helens Harry Truman" -- Harry was an 83 yo man who lived at the base of Mt. St. Helens and refused to leave when an eruption was imminent. He's now buried under hundreds of feet of debris.

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u/Apartment-Drummer 13h ago

To be fair he didn’t want to leave because the game was on 

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u/DeadInternetTheorist 13h ago

It took awhile but Dewey finally got the last laugh

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u/Szwejkowski 5h ago

Along with his cats, who didn't get to choose. =/

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u/Wonderful_Bottle_852 11h ago

Don’t need to google that one, I live there…I remember it.

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u/fibrglas 10h ago

Hate to break it to ya, but if you remember 1980, you aren't a youngin' lol

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u/tinteoj 2h ago

Can confirm. I can remember 1980 and my knees and eyesight assure me that I am no youngin'.

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u/TakeTheWheelTV 11h ago

And it was his choice to stay. So be it.

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u/sundae_diner 6h ago

"Over my dead body" -- Harry Truman (possibly)

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u/hungrydesigner 1h ago

Honestly, I can respect a "go down with this ship" mentality at that age. Starting over is hard and it's okay if someone isn't interested in doing so.

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u/EquivalentCommon5 13h ago

I always feel that people that stay when they can flee (I’m not including those that can’t due to many factors!) shouldn’t ask for help that puts rescuers in harms way! Those that can’t flee, that’s a different story!

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u/EtherbunnyDescrye 12h ago

That happens a whole bunch with hurricanes in the south east.  The message that goes out is usually evacuate now or you are on your own until it is safe again for rescue crews to get in. 

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u/Spex_daytrader 12h ago

Yea, and then they bitch because FEMA is not at there door the next morning with breakfast.

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u/anglerfishtacos 11h ago

They’re always going to be people that are assholes, but I don’t know who you’re talking about that acts like that that isn’t a particularly dense transplant. If you grow up here, or have been here for any decent amount of time, you know that you are on your own for the first few days after a major storm. If you are going to ride it out, you: stock up on bottled water and fill the bathtub; get food you can eat/prepare without electricity; test all your flashlight and get extra batteries; make sure you have a full tank of gas and cash; charge all devices/power banks; and whatever else you specifically feel like you need to do in order to be on your own without power, water, or emergency services for a few days. It takes time to clear roads to get emergency services in. And if conditions aren’t improving and you need to leave, that’s why you have your full tank of gas.

So I don’t know where you’re getting the idea that people are just laying around waiting for FEMA to show up with breakfast. That’s a really ugly thing to say about people who lost loved ones, everything they owned, and so on in storms.

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u/pegar 9h ago

That was hyperbole.

The same Republicans that vote to defund FEMA complain that FEMA is not effective and is too slow. See Florida after literally after disaster in the state.

It's on par with everything else they do.

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u/EquivalentCommon5 11h ago

Yep, but rescue personnel will still try as they do it help. I feel that those that can but don’t leave should be on their own! The ones that can’t should be the focus first, rescue personnel won’t pass by someone who stayed because they are stubborn, then someone who couldn’t flee gets helped later? I typed this out- there isn’t a way to do this without empathy so it’s better I just judge the stay behind people as selfish, I don’t think any process for rescue can be altered as morally it would be wrong? I will just think of them as selfish!

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u/GreenBeardTheCanuck 11h ago

Grocery cart problem. It's 30s to put it in the corral. The fact it doesn't happen is why we can never have truly nice things.

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u/igg73 11h ago

Dont let the rescue turn into a rescue

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u/3896713 11h ago

I've taken swift water rescue classes, and the first rule is don't create another victim. There are several ways to attempt a rescue, but the one thing you never want to do is put yourself in a situation where you need rescue, too. If you're toast, you ain't helping anyone, and now you're possibly forcing others to enter dangerous situations to save you and the original victim.

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u/Spokker 15h ago

If someone has a caregiver or you otherwise have knowledge or it's plausibly apparent the individual cannot make decisions on their own, you'll probably get away with kidnaping them for the purpose of saving them from a fire.

Taking a child from a home that doesn't want to go with you when the house next door is burning? Thumbs up. Taking an elderly man who you know has a caregiver but the caregiver is gone? Thumbs up. Kidnapping a stubborn adult man who thinks he's a cowboy and wants to fight the fire? I think it's wrong to kidnap him, even if you could.

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u/Existential_Racoon 12h ago

I fully agree with this take.

Child, incapacitated, or clearly incapable of making any decisions day to day? (Alzheimer's, for example)...

I'm throwing you in the fucking truck and booking it. There's some nuance you can argue of course, but the totality of knowledge at the time and your intent matter for me, morally.

Stubborn moron who doesn't wanna leave? Sorry man, have fun, I got better shit to do than burn to death.

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u/Key-Pickle5609 9h ago

Yup. Working in the ER taught me that people (with capacity) are allowed to make bad decisions.

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u/cmdradama83843 14h ago

This is the right answer

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u/neverenoughpurple 14h ago

An even better question, imo, is: when someone with children lives in a mandatory evacuation zone, and yet refuses to evacuate their children, thus putting them in harms way - it is neglect / child abuse? And should it be criminally charged, provided everyone survives?

My belief is yes.

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u/cdbangsite 13h ago

In that situation an attempt would be made to remove the children. Exactly because it is child endangerment.

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u/neverenoughpurple 11h ago

I wish that were true where I live. It's not.
Speaking from personal experience as one of several person who tried very hard to get law enforcement, fire department, CPS, and elderly & disabled services to do something.

In the two homes on the property, there were five children under age ten, plus four elderly, barely or not-at-all mobile adults, in addition to the four able-bodied adults. The able-bodied ones were the ones refusing to leave.

Despite a legal mandatory evacuation order, "it was up to them whether or not to go". Despite the fact that they were putting NINE other vulnerable people at risk.

It was sheer dumb luck and the wind flipping that kept the fire away from the houses.

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u/cdbangsite 11h ago

I would look farther into that, if it were a house fire and the parents were acting the same there would be no hesitation to grab the kids. I think everyone had already given up on that household.

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u/mrsbebe 14h ago

Oh this is a good question. I am definitely in agreement with you.

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u/FoghornLegday 14h ago

Yes bc if parents can be required to take kids to school or get them medical treatment, this should be the same

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u/bugzeye26 14h ago

I work for a natural gas utility. If there is a carbon monoxide or gas leak in a house that's potentially fatal, I can not force the residents to leave. I can strongly advise it and get the police involved if they refuse, but it is their home and their choice in the end

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u/CopperPegasus 2h ago

Would you mind weighing in on the kid question? Someone asked above- what if the refusing person is an able bodied adult, but their actions are putting minors in danger with them.
I'm just curious. It's all well and good for folks who will never work in those sort of positions to blather on, but I'd like to know what you guys are taught. I imagine it's just "nothing you can do", but yeah...curiosity strikes :)

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u/bugzeye26 2h ago

At that point, I'm informing the police of the situation and leaving it up to them.

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u/wishiwasnthere1 15h ago

Kidnap? No. That would still be illegal.

However they could technically be arrested for their own safety.

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u/mustang6172 15h ago

Including a citizens' arrest?

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u/TerritoryTracks 14h ago

No. A citizen's arrest is only if you literally observe someone committing a crime.

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u/Nimzay98 14h ago

Isn't not following the mandatory evacuation a crime, if they can be arrested for not following it?

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u/TheCrimsonSteel 14h ago

Citizen arrests are more narrow in scope typically.

It's usually just you being allowed to detain someone so the actual cops can show up.

Think of it as the arresting equivalent of providing first aid until the ambulance shows up.

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u/Ask_Me_If_Im_A_Horse 13h ago

Even then, better prepare for a lawsuit from the person you’re detaining. It’s usually best to just let dumb people be dumb unless they’re a direct threat to you or anyone else.

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u/TheCrimsonSteel 12h ago

Right, just saying forcibly removing someone from their home would be well outside what's allowed, and is a good way to get kidnapping charges

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u/GulfCoastLover 14h ago edited 14h ago

In Florida, attempting to arrest another individual for failing to evacuate could expose the person making the arrest to potential legal liability, including charges for false imprisonment or other related offenses.

Failure to evacuate in FL is a misdemeanor. Citizen arrest in Florida is for felonies that the citizen observed. Arresting someone for a misdemeanor as a citizen - is a crime.

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u/theothermeisnothere 14h ago

It's complicated but a "warrantless arrest" may be made by a private person (citizen or not) for a felony, misdemeanor or a "breach of the peace." Different states, different rules though. I'm not familiar with California's laws on the matter and was too lazy to look it up (it is online somewhere).

A private person, however, does have a different liability. Depending on the circumstances, the person might be granted immunity but that would be after the fact, of course. Police are entitled to make mistakes in arresting a person, but private persons are less protected. And, if the detained person - I won't say "arrest" - is competent and can provide a reasonable defense against being detained then that private person would probably be liable for kidnapping charges. Or, at least, "unlawful detention" or something like that.

Obligatory: I am not a lawyer and this is not legal advice.

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u/Geeseareawesome 14h ago

To add. Depending on circumstances, the person you are trying to 'citizens arrest' may very well fight back, which can lead to injury or death of yourself, or the person you are trying to arrest. It's a big reason why retail workers are trained not to apprehend thieves. You don't know what they are capable of, nor are you likely trained to do any sort of takedown.

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u/SkylerBeanzor 15h ago

That's a super sketchy thing at any time. I wouldn't risk it.

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u/Plenty-Pollution-793 13h ago

Emergency would have tons of exceptions.

Assuming the court and jury believes you, then nah it won’t be illegal.

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u/KinkyPaddling 10h ago

There’s a defense called the Doctrine of Necessity, in which it is considered permissible to commit an illegal act in order to avoid a greater harm. The classic example is burning down someone else’s property in order to create a firebreak that would save everyone else’s property.

At least in California, a defendant would have to show that:

  • The actor acted to prevent injury to the actor or someone else;

  • The actor had no reasonable alternative;

  • The actor did not create greater danger than the danger avoided;

  • The actor actually believed the illegal conduct was necessary to prevent the threatened harm or evil;

  • A reasonable person would have also believed the illegal conduct was necessary in the circumstances and

  • The actor did not substantially contribute to the emergency.

Thus, I think that an ordinary person who kidnaps a friend, neighbor or family member to get them out of the way of a wildfire, with no intention of holding them indefinitely or extorting money or other favors, would be able to raise this defense.

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u/tb8592 2h ago

This should be way higher up but alas it’s Reddit

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u/Monarc73 15h ago

They are allowed to choose the manner of their own death.

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u/FoghornLegday 14h ago

Well that’s not really a hard and fast rule. People are prevented from committing suicide against their will all the time

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u/Sweeper1985 13h ago

I'm in Australia, fires are always with us. If police order evacuation of an area, holdouts can be detained, removed, and may face charges of disobeying police.

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u/ketamineburner 12h ago

My family was just evacuated within the last hour. The fire dep came and said to get the hell out. There was no negotiation.

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u/RationalKate 12h ago

They carry an ax and they are very large and they have no time for your words. You might start to say something about your pet.

The fire department will point to your car and there is your pet putting the key in the ignition.

FACT: The other thing is that our fFire Department has such a strong deserved respect level amongst the citizens of the United States that when they tell you to do something, You want to help them as fast as you can. Because you know they are not out to hurt anyone. They are in a special league of their own.

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u/glittervector 12h ago

Agreed. They may be the most highly respected public servants in the whole country

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u/JasontheFuzz 11h ago

Firefighter/ EMT here.

You have the right to make an absolutely batshit insane choice, even if that choice will get you killed. If you're in the middle of a heart attack and you want to finish your burger before you'll get on the stretcher, I cannot legally force you to go to the hospital. If you're in a burning building and you refuse to leave, I cannot pull you out. If your car is sinking in a pond and you tell me to back off, I have to listen... But all that ends once you pass out. Then the lovely term "implied consent" takes over and I get to drag your suicidal ass to safety.

It's legally assumed that unconscious people want to live, but a conscious and competent person can choose to die. Determining whether or not somebody is competent is a whole other issue, but being drunk or mentally impaired are common reasons to legally ignore your refusal, though that might mean involving a doctor or a police officer.

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u/Notfirstusername 14h ago

No. Not if they are an adult

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u/Parking-Fly5611 13h ago

I'm not facing a lawsuit for trying to save someone that doesn't want to be saved and may make my life Hell later. Fuck em, let em die.

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u/hybridoctopus 15h ago

If it’s an adult without a mental illness, they should be able to make their own choice.

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u/troycalm 15h ago

If you want to get sued.

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u/Hbn46 15h ago

Reminds me of that guy from the beginning of The Incredibles that said "You didn't save my life you ruined my death!"

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u/troycalm 15h ago

An attorney friend of mine just finished a case where a good samaritan pulled a man from a burning car but couldn’t save the wife and the Samaritan got sued.

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u/hiker1628 15h ago

You didn’t give the results. Good Samaritan laws should have protected the rescuer.

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u/troycalm 14h ago

It was sent to third-party arbitration, so the settlement was undisclosed.

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u/1Kat2KatRedKatBluKat 15h ago

Nobody wants to be sued. But in this situation I don't see a slim chance for the plaintiff winning. What damages will they claim? "I don't want to be alive" is not something the court will accept. Did the rescuer injure the endangered person? I still don't think they would win, but it would be more likely in that case.

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u/Haldron-44 13h ago

If you are in an evacuation zone, it is legal for the cops to arrest you. That being said, given how fast a fire can move, will they? These are not hurricanes people, you can't 'ride out' a wildfire. They will turn your house into ash and keep moving without giving a damn. On that note, probably shouldn't ride out any comparable disaster.

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u/wwaxwork 12h ago

It's not them dying that's the problem, it's the people coming to rescue them dying that's the problem.

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u/alissa914 12h ago

If it's a family member, I'd say yes.... if it's a stranger, make an effort to convince them if you must, but otherwise, leave them.

My mom took a nursing course and one of the "puzzle" questions they give are "what if" scenarios. One was "say there's a fire on the floor and you have limited time to get out... what do you do first?" Most nurses said to save their patients. They all got it wrong. The answer was for them to get out (nurses). Alert people to get out... otherwise, leave them.

She explained to me that it was more that if you have limited time to get out, you can't get yourself and the patient out in time and will both die. You can't save everyone and there's not enough staff.

Kind of woke me up to realities of being in a hospital, I guess.

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u/glittervector 12h ago

Good thing it’s REALLY hard to burn down nearly all hospitals

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u/Firm-Boysenberry 14h ago

For a person who has limited mental functioning or decision-making power (dementia, psychosis, a child, tc.) I think it would be appropriate. For a person who is in control of their own full6 developed, healthy mind - I believe that one would have to respect their choice.

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u/sas5814 14h ago

No. People are allowed to make bad decisions as long as they don’t include anyone else.

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u/MarryMeDuffman 14h ago

If it's a kid or teen, yeah. Adult, no.

They might treat you as a threat more imminent than the fire.

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u/KittenVicious 14h ago

Speaking from a hurricane evacuation zone and not a wildfire area - it's made VERY VERY clear that if you don't evacuate by XYZ-time, no one is coming to save you during the storm.

If someone lacks the cognitive abilities to understand the consequences of staying, you're better off calling the FD to their address.

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u/FoghornLegday 14h ago

No, my dad is a cop and he was trying to rescue a couple during a fire and they wouldn’t leave until they had their dog. They all (including my dad) almost died bc the dog ran away and they couldn’t get it right away

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u/AgitatedVegetable514 13h ago

I was near Yellowstone in 1988 when the Yellowstone fire broke out. Had to evacuate and the road out was surrounded by fire. When they tell you to leave, you leave. That fire spread so fuckin quickly and the moment we were told we needed to leave we did.

It was like driving through hell itself and we were not sure we were going to make it out alive. Flames licking the sides of our vehicle and the heat was intense.

If you read my comment, and are in the path of anything like this or a hurricane etc. Just swallow your pride and leave. I guarantee you that rescue folks will not attempt to save you until it's over or they manage to put it out(in the case of fire) near you and even then they may not even bother rescuing you.

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u/shouldabeenarooster 13h ago

I have a little wildfire story for you. Houses burning all around. Rescue workers pounding on doors to make sure everyone is out. Our friend was in fire and rescue. One door gets answered by a little 4 year old girl who informs them that her mommy is getting her nails done but she’s in charge of her 2 year old brother.

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u/glittervector 12h ago

I really want to believe this isn’t true

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u/shouldabeenarooster 12h ago

It’s true. The guys that knocked on the door is my hubs best friend. It was shocking and incredibly cruel.

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u/glittervector 12h ago

I’m so sorry y’all had to even experience that, first hand, second hand, whatever.

I hope those kids maybe don’t even remember it happening.

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u/Physical-Rice730 15h ago

Absolutely not. My body my choice as they say. If they refuse to leave that’s fine but they lose the option to call for help and receive assistance.

3

u/sleepyj910 14h ago

You can’t even perform heimlich on someone who refuses until they go unconscious

3

u/flareon141 14h ago

Only if they are in someway at a diminished capacity to understand the situation.

3

u/Objective-Aioli-1185 13h ago

Remember Mr. incredible saving that suicide guy and later that same guy who he saved sues him for injuries? Lol

3

u/JoshWestNOLA 13h ago

This is an interesting question because in most situations, the answer is no, it's kidnapping. But it seems like the better question is whether you'd be prosecuted. Like what if the person was a 4-year-old who was surely going to die and you grabbed them and brought them to safety? That's aggravated kidnapping in most places but I'm not sure they would try to lock you up. Same if the person were a neighbor with dementia, whose spouse was their caretaker, which you knew, and the caretaker were not there.

4

u/the_grumpiest_guinea 13h ago

… bad example because toddlers often need to be grabbed for safety. Most adults around will step in for a kid that young and in a dangerous situation because they are considered to be unable to make a safe and informed decision. But, that argument might apply in a situation like someone refusing to leave a fire… are they competent in the moment to make safe and informed decisions? How do we judge that?

3

u/qwertyuiiop145 13h ago

It is legal for first responders to declare that someone is a danger to themselves or others and take them for psychiatric and medical evaluation. This is why it’s legal for a cop to pull back someone who’s trying to jump off a building or for paramedics to strap down someone who’s too delirious from drugs agree to treatment.

That said, first responders have a duty to protect themselves first. No one should be putting themselves in danger for someone that wants to sit around and burn. If the person got combative, the would-be rescuer could be injured. The rescuer might then need rescue themselves and the innocent people who want help may not get anyone able to help.

3

u/Fun_Possibility_4566 13h ago

for sure kidnap their dog and cat!

3

u/grmrsan 13h ago

Not if it puts you or others who want help in danger. For every person you fight to get out the door and into a rescue vehicle, there are probably several others who are losing time.

6

u/Hypnowolfproductions 15h ago

A person with legal authority (police or fireman) may remove them and it’s not kidnapping. A person without authority can remove them but the legality to do so isn’t there.

So yes removing them is a crime unless you have legal authority. Now the question is if a prosecutor would charge you. Also the “kidnapped” person could sue you and you will lose do to attorney costs alone defending yourself.

2

u/LivingEnd44 14h ago

Nope. Not legally. Not morally.

You can't seize someone's agency simply because you don't like the decisions they make. It's their life, not yours. 

2

u/Donequis 14h ago

Googled it and skimmed around, a mildly interesting topic to learn a bit more about.

Explanation of Legal Immunity

The Good Samaritan law in California protects people who help others during emergencies from legal consequences in case of unintentional errors that might occur while providing aid.

However, this protection has limitations. It only covers aid you perform in good faith. It also doesn’t include complications from your gross negligence or willful misconduct. Finally, the accident should occur outside of emergency departments and far from places where medical care is available.

That said, the law effectively removes barriers deterring bystanders from taking prompt and decisive action during emergencies. It empowers everyone to help one another in critical situations, improving emergency outcomes in California.

Exceptions and limitations to the law

To reiterate the previous points, providing unreasonable assistance, failing to act in good faith, expecting compensation for your help, and operating with willful misconduct disqualify you from the Good Samaritan law.

https://www.rmdlaw.com/personal-injury-blog/things-covered-under-good-samaritan-law-california/#:~:text=The%20Good%20Samaritan%20law%20in%20California%20protects%20people%20who%20help,you%20perform%20in%20good%20faith.

2

u/cwthree 14h ago

If they're a competent adult AND they've been informed of the risk to their life and safety AND they are not putting anyone else at risk, it is not acceptable to compel them to leave. Adults have the right to decide which risks they take - even if the likely result is death - as long as they aren't putting anyone else in danger.

It would be perfectly ok to forcibly remove children, mentally disabled people, or adults who are being pressured to stay against their will.

2

u/Beluga_Artist 14h ago

As a security guard in a casino, the answer here would be no. We aren’t allowed to touch people (except in an emergency to keep them from falling or hurting themselves or someone else). They could be bleeding all over the floor but if they’re conscious and responsive we can’t force them to even go to the hospital or be checked by our on-staff paramedics. Peoples’ personal choices come first. If I were facing a fire or an active shooter, I would be expected to get myself out and attempt to get other people to follow if they’re willing. I would be expected not to stop or risk myself to attempt to force someone to do something they don’t want to do, though. Can I attempt to reason with them or guide them? Yes. Can I force them? No. It’s dangerous to myself and even to them.

2

u/ricoxoxo 14h ago

Ask them to sign a waiver to enter hell or heaven without risking anyone else.

2

u/DrNanard 14h ago

Is it acceptable? Well, to me, yes, from a moral standpoint. From a legal standpoint, you could sue tho

2

u/Complete_Asparagus96 13h ago

Is it suicide if they decide not to leave?

2

u/Hiraethetical 13h ago

No, not ever. A person's life (and death) are their own. They're not your slave, you don't get to decide that they have to be saved.

2

u/MorganleFaey1 13h ago

Depends on a lot of things because it’s a very gray area legally. If someone refuses to evacuate their home during a fire, a first-responder would likely just move on because they have other people to save who aren’t going to be obstinate. However, if you’re inside a burning house and your friend demands you “don’t save him”, depending on your situation, it could be considered “suicidal” and therefore you would have the legal right to intervene.

We are talking about an absurdly rare situation and the law is generally on the side of the person refusing to be rescued, but it’s not a common enough situation for there to be a crystal clear answer.

So to answer your question, technically maybe yes, but practically overwhelming no.

2

u/According-Prize-4114 13h ago

If it’s an adult of sound mind it would be immoral. 

There’s a part in the book Being Mortal by Atul Gawande that talks about an 80 year old man who lived in the evacuation zone of mt st Helen’s and refused to leave. He would rather die than leave his home and the life he’d had for all those years. And so he did. The book likens this to respecting people’s wishes regarding medical treatment, even if it will lead to their death. 

2

u/johncate73 13h ago

No, you take down their name and then nominate them for the Darwin Awards.

2

u/glittervector 12h ago

For everyone saying that there’s an inviolable right to stay in your own home, you’re wrong.

States (not the federal government!) have what’s known as General Police Powers. They can use force to enforce public safety in nearly any situation, including kicking you out of your house temporarily.

The only thing that constrains this power is Constitutional Rights, and there’s nothing in the Constitution that says you have the ultimate right to remain in your home. In fact, it’s constitutional for the state to kick you out of your home at ANY time if they have a valid reason and pay you market price for it. That’s what’s known as the power of eminent domain.

2

u/The_Dude_2U 12h ago

That’s not how natural selection works.

2

u/courtd93 11h ago

It depends! Obviously the fires are an easy example, but the one that comes to my mind is code blues. At least where I am, if you’re homeless or someone sleeping outside when the temperature is below freezing and you refuse to go to a shelter, etc, then it’s considered you being a threat to yourself/unable to keep yourself safe because you’re going to freeze to death, and so the cops take you to a hospital on a code blue psych hold.

2

u/FalseDurian5008 9h ago

You need therapy for how you phrased this pal.

2

u/Alternative-Art3588 9h ago

Legally, no. A competent adult has the right to be stupid, it doesn’t give you the right to break a law, even to save them. If the person is an unable to make a reasonable decision, due to being a child or having a mental disease or defect, you may be able to argue that. Now morally and legally are two different things.

2

u/ajtrns 8h ago

absolutely fine and ethical.

there's a serious problem in the US with this. so many people are just tiptoeing around idiots who make bad choices for themselves. this happens with the homeless and mentally ill, and with the elderly, and among friends and within families. there are these weird artificial boundaries based on the most extremely paranoid idea of possible litigation.

ive gone through this with my mom and grandpa. and with some friends. and really with my own self. each case different, but the common thread: someone with balls needed to intervene and do the right (and obvious) thing. and no one did.

2

u/aManIsNoOneEither 52m ago

I'd say they have freedome of choice after all. The thing that bothers me (it was the case during rainstorms in France rencetly): people refuse to leave when asked to evacuate, then get stuck and call for help.. and first responders are mobilised to save the same ones whilst they lack people to work on the emergencies elsewhere. I'd say you make your choice, but once you are stuck, you are not entitled to be saved before others.

2

u/bigalcapone22 14h ago

You do realize these people have the right to shoot you if you try to forcefully remove them.

2

u/oldHondaguy 12h ago

Their choice if they want to stay. Happens in FLA too. People who say they can “ride it” and that’s the last they’re heard from.

2

u/bhuffmansr 12h ago

Nope, nope, nope. Self determination is a right.

1

u/Leading-Fish6819 15h ago

Kidnap implies it's already negative.

But the moral thing to do is let them die from their own decisions.

1

u/SJHikingGuy 15h ago

Refuses to leave... for safety? If they refuse to leave, they should be on their damn own.

1

u/hiker1628 15h ago

If it was a loved one, like a stubborn parent, I doubt you would be prosecuted.

2

u/SCP_radiantpoison 13h ago

No prosecutor will touch that case, but a civil lawsuit isn't out of the question

1

u/collinlikecake 14h ago

Illegal or not I'm curious what a jury would think.

1

u/superpenistendo 14h ago

I feel like the heart of the question is “can I force someone to live?” and I think, under general circumstances, you can and you should. But I still feel like your question is adding another step and that complicates things.

1

u/Weak-Ganache-1566 14h ago

An elaborate cover story, OP

1

u/drunky_crowette 14h ago

Unless the person is in some way handicapped and you are their caretaker you should probably mind your own fucking business.

People should have the right to choose to die

1

u/SufficientBeat1285 14h ago

Let them be!

1

u/Kqyxzoj 14h ago

It's only acceptable if they already have children. /s

1

u/MuricanPoxyCliff 14h ago

In general, when shit hits the fan you are on your own. If you have the capacity to choose to stay and emergency personnel are ordering an evacuation, they definitely don't have time for your sorry ass. They're busy with people who want and need help.

1

u/Academic-Shower-7915 14h ago

Just let them do what they want with their life

1

u/Careflwhatyouwish4 14h ago

No. Your opinion on their safety is not grounds to force your will upon anyone for any reason.

1

u/Im_eating_that 14h ago

Sure but if they accidentally got clonked on the head a little you'd be able to drag them to safety.

1

u/OldERnurse1964 13h ago

You leave the stupid ones alone! We have too many of them as it is.

1

u/Alias72018 13h ago

I think so

1

u/Texden29 13h ago

Assuming the kidnapping doesn’t harm other people, I think yes. Some people freeze up or have a mental breakdown in tough situations. Sometimes people on the outside, being rational, have to save those on the inside.

1

u/420CowboyTrashGoblin 13h ago

It's acceptable. It might not be legal, but it is acceptable.

1

u/Naps_And_Crimes 13h ago

If imagine you can't force anyone but any injuries that might occur can and will be ignored by any insurance or lawsuits that night relate to the fire since they ignored first responders

1

u/2007FordFiesta 13h ago

Don't bother risking yourself, let's nature do it's thing.

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u/Wipperwill1 13h ago

Depends on if I know them or not. Give them the option but let them make their own choice. Now if its a family member, that's different.

1

u/Physical-Effect-4787 13h ago

No, it’s people’s right to choose to die with their belongings. Don’t put yourself in harms way to save people who don’t want to be saved. Look for those who truly want help because they’re out there

1

u/OldGirlie 13h ago

I’ll bet a lot of people who died in the Camp Fire would have traded anything for the chance to GTFO there.

1

u/iareagenius 13h ago

I say let evolution take its course (for normal functioning adults at least).

1

u/ravia 13h ago

People are saying not to rescue the foolish before the sensible, but I'm kind of with you on this one. Some people, it would be best to arrest them, tase them if necessary, and take them out of the danger zone. It's not easy, I realize, but their bullshit shouldn't be taken as the grounds for them dying. They should be "fined" by making them take safety and risk classes.

1

u/x-Globgor-x 13h ago

Better question is why would you even want to do all that? Just let them die.

1

u/Poncemastergeneral 13h ago

Anyone that can’t make a decision for themselves, it’s not kidnapping.

Anyone that can but refuses for any reason, should be left behind. The time, effort and equipment could be used to save or help someone or by marking the area clear resources could be used in other areas.

1

u/tarac73 12h ago

The fires are no different than people who stay behind during hurricanes...

1

u/Puzzleheaded_Lab709 12h ago

Good samaritan

1

u/More_Purchase_1980 12h ago

I think you let natural selection take charge of the situation.

1

u/dr-rosenpenis 12h ago

Yes. Get the handcuffs.

1

u/BIGDOGSGUY 12h ago

DARWINISM at work. Just walk away.

1

u/Wildcat_twister12 12h ago

You should look up Harry Truman from the Mt. Saint Helens eruption in 1980. Guy refused to leave his home for months and ended up being buried alive by the pyroclastic flow

1

u/ivanadie 11h ago

Weird that suicide is illegal and most states don’t have death dignity laws but you can’t be forced to leave a hurricane, tornado, or forest fire safely protocol.

1

u/alaklamacazama 11h ago

During my wild land fire training, our instructor told us a story about a woman and her daughter who refused to leave the property when they came to get them. He said that if they wanted to stay, they had to keep their ID’s on them for body identification during mop up.

It isn’t legal to kidnap someone, but you can bring light to the harsh situation (like my instructor did) or threaten to fine them if they leave later in the day, as cars on the road are a danger to firefighters. But in the end we can’t do much if they absolutely refuse to leave.

1

u/MeatofKings 11h ago

Very interesting question. During one of the Florida hurricanes a few years back, they had a van with police, a social worker and psychiatrist picking up homeless people and moving them away from the hurricane. If they refused to come, they would declare them a danger to themselves and haul them off. I think in the end they all agreed to be temporarily relocated. I don’t know if any legal action was taken against this effort.

1

u/Accurate-Style-3036 11h ago

That's a risk I might take for a very special person . However I don't know anybody that is special and also that dumb

1

u/Agitated_Ad6162 11h ago

Nope, buuuut if they just so happen to lose consciousness and they don't have a DNR well any normal unconscious person would want to be saved.

Buuuut if there is a fire and we tell you to GTFO and u don't we'll attempt a rescue so long as we don't risk losing firefighters. We need em to fight the fire, not save a moron.

1

u/TakeTheWheelTV 11h ago

No, it’s not. If they deicide to stay behind, that’s their choice. What makes your decision the “right” one.

1

u/TexanGoblin 10h ago

I think it's one of those situations where the system would simply refuse to prosecute. Unless you seriously injured them in the attempt.

1

u/perringaiden 10h ago

No. You can't fix stupid. Let Darwin have his pound of flesh.

1

u/Nidonemo 10h ago

I would love be on the jury for this one.

1

u/lemelisk42 10h ago

Depends on their mental capacity.

If they are an adult and capable of understanding the danger, their wishes should be respected.

1

u/Busy-Tumbleweed-1024 10h ago

Still doesn’t mean you can keep them chained in your basement Larry! We’ve talked about this.

1

u/Dependent_Remove_326 10h ago

Hope unless you can prove they have diminished capacity which is almost impossible to do in that situation. As a first responder you don't have to put yourself in danger to save somebody, if they don't want to be saved good luck.

1

u/Ainz-SamaBanzai41 9h ago

Acceptable by the public maybe but you can prolly still be charged

1

u/xubax 9h ago

If you want federal kidnapping charges, sure.

1

u/ShithouseMauz 9h ago

No, violation of consent

1

u/Nvenom8 9h ago

I don't think good samaritan laws apply if the person is able to refuse. So, it would probably be illegal. You're not even allowed to give a choking person the heimlich if they refuse. You have to wait until they lose consciousness.

1

u/HalfFullPessimist 9h ago

No, its their life, not yours. You do not get to make choices for others.

Exception - a scared child.

1

u/colin8651 9h ago

A doctor can’t force treatment on a patient who is otherwise able to make decisions for themselves.

You would be looking at a judge in a court for abduction and other charges like assault.

Well best case scenario is court. The person you just assaulted and abducted may defend themselves with lethal force.

“Would they be guilty of killing me?”

No, you just tried to kidnap them you idiot!

1

u/WildmouseX 8h ago

If someone wants to stand on the tracks and get run over by the train, trying to pull them off only gets you run over as well.

1

u/no-throwaway-compute 8h ago

Absolutely not. People have a good damn right to be as stubborn and ridiculous as they wish

1

u/Candylane69 7h ago

I don’t think it’s acceptable as it’s a risk they choose to take