4/18/23 Manhattan 10-60 Box 0086

R

RCL

Joined
Jul 11, 2022
Messages
302
entropychaser said:
As I recall, the issue is technically about search warrants. About twenty or so years ago in Michigan- building fire, the fire department extinguishes the fire and leaves. Several days later arson investigators go back to the scene and find incriminating evidence implicating the owner. He's convicted, and on appeal, the conviction is subsequently overturned. The basis of the reversal involves illegally obtained evidence.

The fire department does not require a search warrant to enter a building in an emergency, but once they leave, they do. So, until the investigation is complete, they have to maintain a presence.
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I vaquely remember hearing something about that. I know I've sat on a few watchlines here in Fl and our FM told us it was chain of custody. Basically if we left with out a clear cause and the investigator showed up 2 hours later, it could be argued anyone could have tampered with the scene. I don't know the legalities here what happens after we leave and have to go back later. That was a separate division.
 
J

jmag228

Joined
Jan 2, 2012
Messages
210
Requires an administrative or criminal search warrant. The Michigan case is closer to 30 years old, but is still the prevailing case law, to my knowledge
 
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