Tyler a business was burnt to the ground at approximately two in the morning. A police detective as well as the Fire Chief began an investigation around four in the morning and were able to obtain two plastic containers of flammable liquid. At this time the Chief decided to stop his current search because of the smoldering remains of the building mixed with smoke and the morning dew made visibility minimal. The Chief returned the fire four hours later to continue his investigation. During this investigation the Chief found enough evidence to establish arson as the cause of the fire. However at no time did the Chief obtain consent or a warrant for his searches. In the court it was argued that due to the fourth and fourteenth amendment it was unlawful to return to the property for a second search and that the evidence found at this time be thrown out. However in this case the final ruling was that a warrant was not necessary because this was a continuation of the first morning search that had been hindered by
Tyler a business was burnt to the ground at approximately two in the morning. A police detective as well as the Fire Chief began an investigation around four in the morning and were able to obtain two plastic containers of flammable liquid. At this time the Chief decided to stop his current search because of the smoldering remains of the building mixed with smoke and the morning dew made visibility minimal. The Chief returned the fire four hours later to continue his investigation. During this investigation the Chief found enough evidence to establish arson as the cause of the fire. However at no time did the Chief obtain consent or a warrant for his searches. In the court it was argued that due to the fourth and fourteenth amendment it was unlawful to return to the property for a second search and that the evidence found at this time be thrown out. However in this case the final ruling was that a warrant was not necessary because this was a continuation of the first morning search that had been hindered by