Reference no: EM133512533

Case Study Background:

The fire department is dispatched to a structure fire in a single-family dwelling with reported entrapment. The fire department arrived on scene to find an active fire. Initial arriving fire department personnel are confronted by an irate civilian who appears to deny the fire department access to the structure which is on fire. Fire personnel disregard the irate civilian and enter the structure, conduct search, and rescue operations and fire suppression activities. One civilian is rescued from the structure and intense fire condition are noted. Following suppression of the fire and during salvage and overhaul operations, department personnel report what appears to be signs of an intentionally set fire and what appears to be drug paraphernalia in the residence. The incident commander advises the on-scene law enforcement officers and the responding fire investigators of the observations.

Part 1:

Discuss under what legal authority and/or exception to the search warrant requirements initial fire department personnel enter the home to conduct search and rescue and fire suppression operations; In your opinion, was there a violation of the Fourth Amendment in this case?