Drago
Legendary Member
- Location
- Suburban Poshshire
I don't think a lady was actually threatened with arrest.
As a public body Article 2 ECHR is something the police have to account for, and that trumps domestic laws. They can't actually arrest someone for going back to their house unless the feds go to court and are granted an order. The nearest I can think of is an arrest for obstruction, but that's so thin you can see through it.
The police can use force to protect someones right under Article 2. However, as it stands at the moment it's a bit shaky as the dam hasn't been breached, and with each inch the waters drop that becomes less likely, so the justification for using common law powers of force to protect a life isn't there as the danger is no longer immediate .
If the dam did hypothetically breach and the waters were rushing down they could forcibly remove residents, but in reality feds are all taught their highest duty of care is to themselves so they're unlikely to risk their own lives to try and save someone who was well informed of the dangers and stayed anyway.
As a public body Article 2 ECHR is something the police have to account for, and that trumps domestic laws. They can't actually arrest someone for going back to their house unless the feds go to court and are granted an order. The nearest I can think of is an arrest for obstruction, but that's so thin you can see through it.
The police can use force to protect someones right under Article 2. However, as it stands at the moment it's a bit shaky as the dam hasn't been breached, and with each inch the waters drop that becomes less likely, so the justification for using common law powers of force to protect a life isn't there as the danger is no longer immediate .
If the dam did hypothetically breach and the waters were rushing down they could forcibly remove residents, but in reality feds are all taught their highest duty of care is to themselves so they're unlikely to risk their own lives to try and save someone who was well informed of the dangers and stayed anyway.