mrchad9 wrote:So which is it? I find it very unlikely that they will pull you out if you demand to be left alone. If anyone has any actual documentation that anything else is true then I'd love to see it. If you can show me anything to support your comment that the ops commander and not the subject has the final say then I'd be happy to learn from it.
The problem is that the answer depends on some blurred lines and legal gray areas.
You have the right to refuse medical treatment at any time. Ambulance, hospital or mountainside, you are free to revoke consent and walk away whenever you want.
There are circumstances in which law enforcement can order you to take action, and I'm not familiar with all their ins and outs. Dispersing an unlawful assembly, evacuating areas due to fire danger, whatever. Hypothetically, if they decide to evacuate a wilderness area, I have no idea if they can legally order you to step onto a helicopter or if they're limited to making you hike out under your own power. May well be something that's never been tested in court, but it's relevant to the discussion.
I have never heard of a law enforcement agent involved with SAR forcing someone to accept rescue. In that sense, if you wave them off they will leave you alone. At the same time, when people are in situations that present clear hazards to themselves or others, law enforcement can order them to leave. In that sense, you can be compelled to cooperate with a rescue. It might sound like a silly distinction, but they're normally viewed as two different issues - just like how the NPS never "charges" for rescue, but they can issue you a citation for creating a dangerous situation or some such.
If you're swimming above Nevada Falls and a ranger orders you out, clearly they're not forcing you to accept a rescue.
There was a story a couple years ago about some hikers in Grand Canyon who activated their PLB 3 times over 4 days or something. Third time, NPS stuck them on a helicopter and flew them out of the backcountry. Were they forced to accept rescue, or merely kicked out of the backcountry for being dumbasses?
Consider the two guys who got stuck rapping El Cap last year. Person A rapped the wrong way and was unable to re-ascend his rope, Person B was unable to rescue him. NPS flew up to the top, dropped a line and hauled A up. NPS issued both parties citations for creating a hazardous condition, which requires them to appear in court, answer to a judge, etc. If, at that point, B had waved off rescue decided to keep rapping, NPS would have had every right to say "no, you're coming with us." Compelled to accept rescue?
I was on a search in way rural northern california where the subject was actively hiding from and evading us. I blew $100 of my personal money on gas to get there and another $50 for a hotel when I realized what a bad driver I was going home at 2AM. Probably par for the course for dozens of other searchers who showed up. National Guard helo on scene all day going through ungodly amounts of jet fuel. In the end, I don't believe he was ever charged with anything - and really, what law did he break? If we had found him wandering around in the woods and he refused rescue, there's similarly nothing anyone could have done. Arrest him? On what grounds? Frustrating, but that's the way it is sometimes.
As you can see it's a complicated issue.
Posted: Mon Aug 05, 2013 11:39 pm
