Fire Investigation Research Paper

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Fire investigation is a part of every fire. Something not often thought about, rather something that just happens. Whether or not criminal activity is involved is a very significant detail to not only homeowners or business owners, but to the insurance companies. For an owners peace of mind you always want to know who or what the cause of a fire is, and often enough it is the homeowner or business owner himself who is guilty. Going about an investigative search the lawful way often requires obtaining consent or a search warrant, without doing this, evidence may be thrown out in court. Michigan v. Tyler as well as Michigan v. Clifford are two groundbreaking cases in history that help us to warrant today a lawful post fire investigation. …show more content…
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

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