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CA2: Initial fire scene entry with police into a grow operation was reasonable

By John Wesley Hall, Jr.

Fire and police entry to investigate the smell of a fire in a warehouse with a suspected grow operation was valid, despite the fact no fire was found and the police came along for protection, including having to subdue two dogs guarding the entrance. The court will not second guess the decision of the firefighters to go floor by floor rather than to the top floor first. [Come on: how can a court ever second guess a fireman's decision how to search for a fire?] United States v. Klump, 2008 U.S. App. LEXIS 16456 (2d Cir. August 4, 2008): Applying these standards, we find no clear error in the district court's determination that the firefighters and agents reasonably believed it was necessary to enter the warehouse. Upon arrival, the fire chief smelled what he described as a "half electrical, half oily ...continue to full post

Full post as published by Fourth Amendment on August 06, 2008 (boomark / email).