NCJ Number
93545
Date Published
1984
Length
14 pages
Annotation
A review of two court cases provides guidelines for search-and-seizure procedures to be followed in arson investigations.
Abstract
In Michigan v. Tyler, the U.S. Supreme Court ruled that 'exigent circumstances' existed with reference to a fire suppression crew entering a building to extinguish a fire which occurred therein. Further, the ruling would begin as a guideline to fire/arson investigators for conforming to the fourth amendment guarantee against unlawful search and seizure. In Michigan v. Clifford, the U.S. Supreme Court ruled that a consent to search or an administrative search warrant must be obtained to conduct a search for fire origin and cause when the investigation is not a continuation of the original entry. Upon an investigator determining the fire cause to be arson, the investigator must cease the search and again obtain a consent to search from the property owner or a criminal search warrant. This draws a line between an origin-and-cause search and that of a criminal search. If a person refuses to a consent search, the scene can be secured and a criminal search warrant obtained for a continuation of a search. There should now be some guidelines established for investigators in the conduct of investigations. Some suggestions for procedures include (1) contact between investigator and prosecutor, (2) guidelines for forming an arson task force, (3) a waiver for fire scene origin-and-cause examination, (4) an affidavit form to be used in connection with an arson scene-search warrant, and (5) better training for suppression personnel in the detection of arson. The forms attached to the study are a search warrant application and affidavit, a probable cause sheet, a search warrant return, a consent form for a fire scene examination, and a special inspection warrant. Two footnotes and four bibliographic listings are provided.