Search and Seizure

Suit By Property Owners Over Michigan LODD Fire Will Proceed

A Michigan fire department is facing a second lawsuit over the line-of-duty death of a firefighter in 2013. The suit was brought by property owners who claim they were unfairly targeted as arson suspects in an effort to divert attention from the mistakes that led to the death of Wayne-Westland firefighter Brian Woehlke.

Texas Court of Appeals Upholds Police Seizure of Evidence Found By Firefighters

Last week the Texas Court of Appeals ruled that when firefighters discover evidence of a crime at a fire scene and report it to the police, the police may lawfully seize the evidence without violating the Fourth Amendment. The case involved a fire in Bedford, Texas on August 30, 2017.

Burning Question: Searching Cars and the Fourth Amendment

Today’s burning question: We have a battalion chief who insists on searching cars at vehicle accidents, for mainly for drugs (legal or illegal). He will literally search it like a police officer would. Is this BC violating the patient’s rights and is he breaking the law?

Texas Chief Seeks Recusal of Judge in Union Theft Case

A Texas fire chief accused of stealing $8,000 from a union fund, is seeking to have a judge disqualified from ruling on his motion to suppress evidence obtained during a search of his house. Former Brownsville fire chief Carlos Elizondo is seeking to have District Judge Elia Cornejo-Lopez recused.

WV Deputy Sheriff’s Tasing of Firefighter At Accident Scene Leads to Federal Lawsuit

An assistant fire chief in West Virginia who took issue with a county deputy sheriff at an incident scene in 2015, is suing the deputy and the sheriff’s department claiming the same deputy tased him at an incident scene in 2016 and later had him arrested.

Pacemaker Data Admissible in Ohio Arson Prosecution

A judge in Ohio has ruled that medical information from a pacemaker can be used as evidence in a criminal case over the objection patient. The case involves an arson prosecution where the defendant claims he was in bed when the fire started, but a cardiologist’s review of his pacemaker data makes that claim “highly improbable”.

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.

Property Owner Sues Ohio City and City Officials Including Fire Chief

A property owner is suing an Ohio city and 20 city employees claiming they illegally barred him from creating four units in two existing buildings. Bryon Graf filed suit against the City of Nelsonville naming the fire chief, the police chief, the city manager, the city council, and the planning commission

Fire Victims Sue City Over Denial of Re-Entry

The victims of a house fire are suing Reno, Texas claiming that they were wrongfully barred from re-entering their home after the fire. John and Stephanie Toppings sued the City of Reno and Police Chief Matt Birch claiming an unconstitutional seizure.

Advice For Handling Incident Scene Photos

Today’s burning question: I am assigned to our fire investigations unit and we are working on a policy to address how we handle the photos that we take. What do you recommend? Answer: My recommendation is you sit down with the following and determine what they want you to do:

Fire Law Podcast – Episode 5 US Supreme Court Ruling in DeLia v. Rialto, et al

In this episode of Fire Law, Rialto, California firefighter Nick DeLia explains how his lawsuit ended up being heard by the US Supreme Court. The case involves a 4th Amendment issue related to an internal affairs investigation that occurred while FF DeLia was off injured and suspected of working another job.

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

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

Legal Considerations For Fire and Emergency Services 3rd Edition

Legal Considerations for Fire & Emergency Services 730 Pages/Softcover/August 2014 ISBN: 978-1-59370-347-9 Price: $89.00 The third edition of J. Curtis Varone’s Legal Considerations for Fire & Emergency Services is an essential textbook for any course on fire service law as ...

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