Wildland Fire Investigation, FIâ210 Origin and Cause Determination
Wildland Fire Investigation, FIâ210 Origin and Cause Determination
Wildland Fire Investigation, FIâ210 Origin and Cause Determination
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• Does the subject have a reasonable expectation of privacy<br />
<br />
• Is the search reasonable What is “reasonable”<br />
• What is “reasonable” is defined by the courts in their rulings.<br />
These rulings are called “case law.” Exclusionary Rule<br />
• “Excluded” means that that evidence cannot be used in civil or criminal court<br />
Mapp v. Ohio, 1961<br />
4-6 <strong>Fire</strong> <strong>Investigation</strong> – Seizure of Evidence<br />
Any time you decide to seize evidence you must ask yourself two questions. First, can the<br />
individual possessing the evidence be expected to exercise his right of privacy In other words, has he<br />
done anything which demonstrates that expectation, such as closing a door, locking a gate, putting up<br />
fences, or posting No Trespassing signs And second, is the expectation of privacy one which society is<br />
prepared to grant as reasonable<br />
Reasonable expectation of privacy<br />
• Does the individual actually expect privacy If so,<br />
• Is the expectation of privacy one which society is prepared to grant as reasonable Katz v.<br />
US, 1967<br />
• Locked gates <strong>and</strong> “No Trespassing” signs on an “open field” do not prevent entry by police.<br />
(Open Fields) Oliver<br />
v. US<br />
• Observation of marijuana from the air, even when surrounded by a high fence, is admissible.<br />
(Plain View) CA v.<br />
Ciraolo<br />
• Evidence discarded by the subject is subject to examination by police<br />
(Ab<strong>and</strong>onment) CA v. Greenwood, 1988 4-7 <strong>Fire</strong> <strong>Investigation</strong> – Public Property<br />
Generally, evidence found at wildl<strong>and</strong> fire scenes on federal, state, or local government l<strong>and</strong>s<br />
can be seized without a warrant.<br />
Certain situations, however, may require you to obtain a search warrant. Any time you’re in<br />
doubt, consult your agency or cooperating law-enforcement officials.