Does a defendant have to obtain a warrant to enter and search his home after a fire has been extinguished?

California, United States of America


The following excerpt is from People v. Lucero, 245 Cal.Rptr. 185, 44 Cal.3d 1006, 750 P.2d 1342 (Cal. 1988):

Defendant concedes that fire and police officials may remain at the scene to investigate the causes of a fire once it has been extinguished, even though a warrant may be required to return to the property for subsequent investigations. (Michigan v. Tyler (1978) 436 U.S. 499, 510, 98 S.Ct. 1942, 1950, 56 L.Ed.2d 486.) He claims, however, that the officers were interested in evidence related to the missing girls and were not really conducting an arson investigation. We conclude, however, that the perceived danger to the missing children would still justify a warrantless entry and search.

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