Tag Archives: 4th amendment

FDNY Sued for $3 Million By Disabled Firefighter

An FDNY firefighter who was hurt off-duty, reinjured a year later on the job, then arrested, denied a disability pension, and terminated, is suing the city and FDNY for $3 million for violating his civil rights. Daniel Braun filed suit last month alleging that his 4th and 14th Amendment rights were violated.

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Can a Firefighter Violate a Person’s Fourth Amendment Rights?

Today’s burning question: I know that police can violate a person’s Fourth Amendment rights by conducting a search without a warrant, but can a firefighter? Answer: The 4th Amendment is not limited to police officers but applies to searches by government. I know we don’t think of ourselves this way, but firefighters are governmental agents and thus the 4th Amendment does apply to us.

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PA Property Owner Sues Over Post Fire Demolition

The owner of a house in Wilkes-Barre, Pennsylvania is suing the city claiming it wrongfully ordered the demolition of the building three days after a fire last November. Melinda Deiter and her father, John Deiter, filed suit earlier this year claiming the city’s order to demolish the building was a violation of their due process and 4th Amendment rights.

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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

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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

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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 ...

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2012 Precedent Nothing To Speak Of

2012 has been a relatively quiet fire law year from the perspective of major legal rulings being handed down. In fact, in my annual review for Firehouse which I submitted today, I opted to not even discuss 2012 precedent setting ...

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Supreme Court Rules in Firefighter Case

The US Supreme Court has set precedent with another fire service case – this time focusing on the liability of an attorney hired to conduct an investigation into a firefighter’s misconduct. It is a case we have been following for ...

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