Admissible Searches of Fire Scenes - Fire Arson Investigation Research Paper, April 11-29, 1983

• NCJ Number: 89789
• Author(s): W Bookamer; P R Elvord; L J Foraker; W K Fries; W P Murphy; K N Niemi; S T Garcia; R F Gilbert; T L Harvey; T S Jones; D Strom; D E Yowell
• Date Published: 1983
• Length: 17 pages
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

This analysis of the 1978 U.S. Supreme Court decision in Michigan v. Tyler concludes that entry to fight a fire requires no warrant and that once in the building officials may remain for a reasonable time to investigate the cause. Additional entries for investigative purposes must be made pursuant to warrant procedures governing administrative searches.

Abstract

The Tyler decision reiterated the fourth amendment principle regarding searches and established probable cause standards for issuing search warrants for fire damaged premises but rejected several theories previously used to justify warrantless searches days and weeks after the fire. These doctrines included the habitability test, the effect of State legislation authorizing inspections, and exigent circumstances. Consequently, investigators are advised to retain continuous control of the premise when the fire moves from the suppression to the investigative phase, obtain a valid consent from the proper party when the investigation is going to take several hours, and confer with the prosecutor who will file the case if an extensive investigation appears likely. Investigators need only an administrative search warrant if they are simply looking for evidence to determine a fire's cause and there is no probable cause to believe a crime has been committed. However, if investigators already have probable cause to believe a fire was set, they need criminal search warrant to enter the property and collect additional evidence. To obtain an administrative search warrant, the investigator must show the court that a fire occurred, that its origin is unknown, and that the proposed search will be reasonable. Factors considered in determining reasonableness include number of prior entries, the scope and time of day for the proposed search, any continued use of the building, and the owner's efforts to secure the building against intruders. A consent form for fire scene examinations, 10 footnotes, and 9 references are provided.