Evidence

Silver Lining to San Francisco Ladder DUI Dismissal

In a ruling that seems to have surprised the media and many firefighters, the drunk driving case against San Francisco firefighter Michael Quinn has been dismissed. Quinn was driving a ladder truck that struck and nearly killed a motorcyclist, Jack Frazier, on June 29, 2013. A security camera captured the dramatic incident.

Read More »

Locker Searches and the 4th Amendment

Today’s burning question: Does a fire department have the right to search a firefighter’s locker, individual sleeping room, or dresser without cause? Answer: It depends. As a governmental agency, a fire department has to respect the 4th Amendment rights of everyone, including its employees. The 4th Amendment prohibits warrantless searches

Read More »

Wisconsin Firefighters Face Discipline Over Cellphone Recording

Two Kenosha, Wisconsin union officials are facing suspensions for their role in a complicated case where a cellphone allegedly recorded a discussion that took place after they stepped out of a meeting with the fire chief. But the case raises a number of more complicated issues involving criminal law, evidence, and even a Constitutional question or two!!!

Read More »

Cellphone Searches and Stipends

Today’s burning question: My fire department gives firefighters a stipend of $125 dollars a year to cover the costs of various text messages they send us and any work related calls we make/receive. Does this give the department the right to search our personal phones? Answer: No, a simple stipend would not – in and of itself – authorize a fire department to “search” someone’s cellphone

Read More »

NC Supreme Court Rules in Chapel Hill FD Case

The North Carolina Supreme Court has issued a final ruling in the case of State v. Dorothy Verkerk that raised the issue of whether firefighters who use their red lights and sirens to stop a vehicle driving recklessly violate the ...

Read More »

Firefighters and Fourth Amendment Seizure Law

Today’s burning question: When fire and EMS personnel render aid to a person whose capacity appears to be diminished, and we do not allow the person to decline aid and leave the scene, can we be guilty of violating the ...

Read More »

Police Fire Wars in New Mexico

Today’s burning question: I responded to a motor vehicle roll-over accident. While attending to a patient I found drugs, cash and a drug pipe in his car. I collected the items and gave them to a police officer, who instead ...

Read More »