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MS: Fire scene search is exigency and plain view

By John Wesley Hall, Jr.

A fire scene search is exigent circumstances, and what is found in plain view may be seized. King v. State, 2008 Miss. App. LEXIS 404 (July 22, 2008): P14. Since the firefighters in the present case were responding to an emergency situation, they did not require a warrant to enter King's home. Furthermore, testimony by Johnson established that the movement of furniture and other debris was required to properly search for hot spots. If firefighters miss a hot spot, there is a danger that the house could reignite, creating yet another emergency. There is no evidence that the firefighters in this case went on a fishing expedition to satisfy their curiosity or otherwise did more than necessary to search for hot spots. "In searching solely to ascertain the cause [of a fire], firemen customarily must remove rubble or search other areas where the cause of fires is likely to be found...continue to full post

Full post as published by Fourth Amendment on August 03, 2008 (boomark / email).