arson court cases

The discovery of two of the fuel cans, the crock post, the timer and cord -- as well as the investigators' related testimony -- were the product of the unconstitutional post-fire search of the Cliffords' residence. In addition, fire investigators are entitled to wait until the embers and gasses of the fire have cooled, or as here, until the water pumped into the structure by the firefighters is pumped out.This is made abundantly clear by the Detroit Fire Department's policy regulating post-fire investigations. Defendant's death sentence was stayed (107 Ill.2d R. 609 (a)) pending direct appeal to this court (107 Ill.2d R. 603). A burning building of course creates an exigency that justifies a warrantless entry by fire officials to fight the blaze. According to court filings, San Diego Sheriff’s detectives received an anonymous tip from Crime Stoppers, which identified Carender as the arsonist. I am convinced, however, that a nonexigent, forceful, warrantless entry cannot be reasonable unless the investigator has made some effort to give the owner sufficient notice to be present while the investigation is made. Although reckless burning is generally a less serious offense than malicious arson, neither offense should be taken lightly. The fires also caused the church to divert resources from programs to feed the hungry in order to buy a security system. However, Linda Stermer’s defense attorney Jeff Getting – who is now the Kalamazoo County prosecutor – did not hire their own arson expert at the time. St. Andrew’s uses the Youth Center building to house its youth group functions and to provide food, meals and shelter to the needy in the community. On the other hand, because I am persuaded that a post-fire investigatory search is reasonable -- even without either suspicion or probable cause -- when advance notice is given to the homeowner, the purpose of the Reasonableness Clause can be satisfied without obtaining an administrative warrant that is nothing more than a rubber stamp.JUSTICE REHNQUIST, with whom THE CHIEF JUSTICE, JUSTICE BLACKMUN, and JUSTICE O'CONNOR join, dissenting.
Pp. A fire in an apartment, on the other hand, may present complexities that make it necessary for officials to conduct more expansive searches, to remain on the premises for longer periods of time, and to make repeated entries and reentries into the building. In such a case, the intrusive nature of the potentially forceful entry without prior notice is justified by the demonstrated reasonable likelihood that the owner of the property will conceal or destroy the object of the search if In this case, as JUSTICE REHNQUIST has pointed out, I therefore conclude that the search in this case was unreasonable, in contravention of the Fourth Amendment, because the investigators made no effort to provide fair notice of the inspection to the owners of the premises. The Preschool services approximately 80 students, and includes non-members of the parish. Historic Cases: Firearms Enforcement. The warrantless search that followed was extensive and thorough.

of a violation of Penal Code 451 PC, “malicious arson”:Sandra, after discovering that her boyfriend had been cheating on her, set fire to his car in an act of revenge. Keep up with the latest ATF updates: The trial court also sentenced defendant to prison terms of seven years for burglary and 50 years for aggravated arson. That motion was denied, and respondents were bound over for trial. 464 U.S. 287 Sol stated,“We pray that you understand the depth and breadth of the lives you touched in such horrible and negative ways, so that you understand you can touch just as many lives doing helpful and beneficial things .

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