Tag Archives: fourth amendment

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.

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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?

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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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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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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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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 ...

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A California firefighter who was arrested at the scene of a motor vehicle accident last month because he did not move his engine when requested by California Highway Patrol (CHiPs) has filed an administrative claim with the state claims board ...

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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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