The Fourth Amendment and Arson Investigations, Recent Cases and Guiding Case Law

From the Classroom 
By Ray Hill, Professor Emeritus 
Santa Rosa Junior College 

The Fourth Amendment and Arson Investigations 

In 2023, we reported two Case Alerts on arson offenses: 

• “Definition of Inhabited” – 12/19/23 – LUPC Ref.# CAC00126 
• “Alcohol is an Accelerant Used to Start a Fire” – 1/27/23 – LUPC Ref. #CAB00195

Here is a review of Fourth Amendment cases as they relate to entering a premises and arson investigation: 

A Michigan furniture store was set afire. Firefighters conducted an initial attack and extinguishment. Arson was suspected. Subsequent reentries and searches of the building occurred two hours, six hours, seven hours, four days, seven days, and 25 days later, during which investigators recovered evidence of arson. The U.S. Supreme Court ruled that fire officials can remain on scene after a blaze has been extinguished to conduct a contemporaneous investigation to assure there is no re-ignition of the fire. A warrantless investigation may be delayed when necessitated by darkness, an inherently dangerous to life and health (IDLH) environment, building integrity/condition, or smoldering debris making an immediate investigation impractical. During this inspection, any arson evidence observed in plain view is admissible. However, ....

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