NCJ Number
66303
Date Published
1979
Length
19 pages
Annotation
RULES DEVELOPED BY THE U.S. SUPREME COURT AND BY THE APPELLATE COURTS AND LEGISLATURE OF NORTH CAROLINA TO BALANCE RIGHTS OF PRIVACY AND THE NEED TO INVESTIGATE POSSIBLE ARSON ARE SUMMARIZED.
Abstract
WHEN FIRST CALLED TO THE SCENE OF A FIRE AND FOR A SHORT WHILE THEREAFTER, FIREMEN AND INVESTIGATORS MAY TRY TO DETERMINE THE CAUSE OF THE FIRE. THE LENGTH OF THAT INITIAL INVESTIGATION MAY DEPEND ON THE SIZE OF THE FIRE AND THE EXTENT OF THE DAMAGE. IF THE INVESTIGATION NEEDS TO BE EXTENDED BEYOND THIS INITIAL PERIOD, THE PERSON IN POSSESSION OF THE PROPERTY WILL USUALLY CONSENT TO FURTHER EXAMINATION OF THE PROPERTY. IF THE SUBJECT REFUSES, THE INVESTIGATOR WILL HAVE TO OBTAIN EITHER AN ADMINISTRATIVE INSPECTION WARRANT OR A SEARCH WARRANT. AN INSPECTION WARRANT IS OBTAINED IF THE CAUSE OF THE FIRE IS UNCERTAIN OR IF NO PROBABLE CAUSE EXISTS FOR CHARGING ANYONE WITH A CRIME. TO OBTAIN AN INSPECTION WARRANT, THE INVESTIGATOR NEED ONLY SHOW THE EXISTENCE OF PROPERTY DAMAGE IN THE FIRE, THAT NORTH CAROLINA GENERAL STATUTE 69-1 AUTHORIZES INSPECTION IN SUCH CASES, AND THAT THE PERSON IN CHARGE OF THE PREMISES HAS REFUSED TO PERMIT THE INSPECTION. A SEARCH WARRANT IS NEEDED WHEN THE INVESTIGATOR HAS DETERMINED THAT PROBABLE CAUSE EXISTS TO BELIEVE THAT A CRIME HAS BEEN COMMITTED--EITHER ARSON OR SOME OTHER UNLAWFUL BURNING--AND THAT ADDITIONAL PARTICULAR EVIDENCE OF THAT CRIME CAN BE FOUND IN THE BUILDING. THE TEXTS OF SELECTED NORTH CAROLINA STATUTES CONCERNING ARSON INVESTIGATIONS ARE PROVIDED; AND THE ADMINISTRATIVE INSPECTION WARRANT AND SEARCH WARRANT FORMS ARE DISPLAYED, TOGETHER WITH ASSOCIATED AFFIDAVITS AND APPLICATIONS. (DEG)