NCJ Number
127820
Date Published
1990
Length
13 pages
Annotation
After an overview of search-and-seizure legal tenets applicable to fire-scene investigations, this chapter outlines significant relevant U.S. Supreme Court decisions.
Abstract
Generally, whenever a fire official wishes to re-enter a "cold" fire scene in the absence of consent, emergency circumstances, or complete devastation or destruction of the building, a warrant is required. A "cold" fire scene is defined as "an area containing property which has been freshly fire-damaged, existing at a time when the fire has been completely extinguished and all fire and police officials have departed. Any entries during this "cold" period will be considered by the courts to be beyond the "reasonable time to investigate the cause of a blaze after it has been extinguished." There are two types of warrants available to the investigating fire official; the object of the search determines the type of warrant required. If the fire official's prime objective is to determine the cause and origin of a recent fire, an "administrative warrant" must be obtained. If the fire official's primary objective is to obtain evidence of criminal activity, a "criminal" search warrant must be secured. This requires probable cause to believe that relevant evidence will be found in the place to be searched. Because there is no "bright line" separating the firefighter's investigation into the cause of a fire from an investigatory search for evidence of arson, questions arise before the courts as to when the administrative search becomes excessive in scope. The three U.S. Supreme Court cases reviewed pertain to this issue.