Case Name: Michigan v. Tyler 436 U.S. 499(1978) Issue: Do the Fourth and Fourteenth Amendment apply to Firefighters in an active Arson Investigation? Facts: In the case of Michigan v. Tyler the firefighters had had legal reason to initially enter the premises of Tyler’s Auction house on January 22, 1970, which was to extinguish the fire and surmise the start of said fire. Upon extinguishing flames during a preliminary search containers containing flammable liquid were found in the premises. These containers were seized for evidence. At the time of this initial investigation the atmosphere inside the structure was not conducive to an extensive investigation due to the presence of smoke and steam. At 4:00 am the firemen left, locking the premises upon exiting, and returned 4 hours later to continue investigation. The findings in these investigations led to another investigation by Sergeant Hoffman of the Michigan State Police on February 16. Armed with the findings of these investigations Tyler and Tompkins were charged, tried, and convicted of conspiracy to burn real property. Holdings: Upon appeal the Michigan Supreme Court overturned these convictions citing that all evidence retrieved after the initial exiting of the building was inadmissible due to a search of the premises without a warrant and ruled that the Fourth and Fourteenth Amendment apply to Firefighters and Investigators after the initial fire is extinguished. Opinion: I disagree with the Supreme Courts Findings in that if there is Probable Cause to believe that arson is a factor the investigation would only be a benefit to the property owner if not at fault and obtain enough evidence for conviction incase of arson. I am a firm believer that the Government should not be able to intrude on your property however, in a fire all means of investigation should be exhausted to determine the cause. Policy: The Policy in this case ultimately turned out to be does the authority investigating a fire whether it be…
When I arrived on scene at approximately 1723 hours Ellinwood fire department was already there. I saw a large metal barn with heavy smoke coming out of it. I can see through the opening of the barn a tractor on fire and several other pieces of farm equipment inside the barn.…
If the fire was only small, you could attempt to put it out. If it was too dangerous to put out, you would leave it and evacuate ASAP with all the children in a single fire.…
This tragic event struck everyone by surprise, but the biggest shock was based upon how such an event occurred. After drastic studies investigators have not yet determined the source of the fire. But earlier I had spoken with an anonymous source that had said the cause of this entire tragedy may have been from a harmless cigarette being thrown in a scrap bin…
As we can see a prescribed burn can in fact Grow out of control. But we must trust in the quick readiness of our fire fighters and forest service to handle and control it. Even if a prescribed burn gets out of control we have staff on quick and ready to respond quicker than if it was a wild fire which in turn have higher chances of becoming the next disaster.…
One other thing that happened is that when the People trapped in the building they jumped out of windows and landed on the fire departments hose making it difficult to extinguish the fire.…
firefighters took on the role of other officials meaning they did their job and ithers too…
Many people today are so unaware as to why we must practice and follow fire procedures. For the most part people never question how it come to be. Well it took many of people’s lives to ameliorate the world for laws to enforce a safe working environment. As to this day, there are several laws that protect the workers’ rights, workers’ environment, and several fire procedures that are enforced all around us. This did not only apply to workers and their environment but applies every place we go, even in our own homes, have safety codes that were created because of this tragic…
When it comes to dealing with powerful flames, fire extinguishers can only do so much to save you and your property. It is a known fact that once fire spreads, it becomes unstoppable. And whatever gets in its way will burn to a crisp. However, it is possible to reduce the damage the fire can cause, if you act fast. But once you see the flames, your first reaction is to evacuate the premises quickly. Thankfully, we, at American Defense Systems, provide systems that can help you through any fire-related scenario. These systems are designed to monitor your surroundings, and alert you whenever the flames get too hot. This gives you enough time to put out the fire, before it grows, and escape your…
In the commentary piece “No Firemen at Ground Zero This 9/11” written by Michael Burke, son and brother of firemen, is about how the first responders during 9/11 are now being forgotten. New York City Mayor Michael Bloomberg is denying to honor the first responders on the 10th anniversary of 9/11 because there is not enough room to accommodate them. Burke is standing up for those heroes’ honor and memory. Burke utilizes many rhetorical techniques to convey his message including: narration, description, anaphora, and logos.…
San Bernardino fire fighters surrendered to protect and preserve sanctity and safety. The inadequate fire fund caused an exodus of personnel mitigating the respond time from two to nineteen minutes. The mismanagement devastated City Fire that they had no alternative but to exit and have county fire reign. The 137 year legacy of honor, trust, and loyalty will not be erased but remembered with vigor. From my perspective, the boom on consultants and administrators was at the expense of vital fire and community services. Let me just say that fire was a threat because they voiced a strong opinion how residents are ignored and millions squandered. I understand that this is a tricky/ delicate/taboo topic, but the panic initiated a design to exit…
Not only did the firefighters define a hero, but also so did the hundreds of Police officers who lost their lives in the line of duty. Nothing can be done to prepare a country for the tragic incident in down town Manhattan. The weird thing is it was so unexpected, but yet such a simple plan. All this time Police and airport security are looking for people trying to board plans with bombs. America never expected that the terrorists would use airplane fuel as the explosive and the plane as the detonator. The police officers just as the firefighters did rushed into the twin towers to try to save as many lives possible. If there…
On August 19, 1910 the Big Burn in the Rocky Moutains began, recorded as the largest and most destrustive fire, in North America. At the time the United States fire service was only five years old, with very little experience and preparation to handle such a large forest fire. It destroys an area the size of Connecticut within a matter of 36 hours, equaling more than three-million acres of forest, and $1 billion worth lost in timber. There were atleast 78 firefighter fatalities, however it is unknown how many more died soon afterwards, due to the effects of smoke inhalation and other long term side effects. During that summer the weather was extremely dry, and without any rain for 3 months many small sparatic fires began to appear, quickly growing with all the available dried fuel.…
The current state of wildfires in North Carolina is expanding rather quickly due to the sudden forest fire that commenced. The wildfires have spread through 44,000 acres of land, governor McCrory declared state of emergency in 25 counties. Nearly 16 hundred firefighters have helped to control the severe fire spreading through the piedmont, and mountains. Over 10 million dollars in damage has been caused by the wildfires. On saturday, the federal emergency management association approved the request of governor McCrory’s to pay for 75% of the emergency protective measures taken in fighting the fires. The state has stated that they could be facing the wildfires until spring. The wildfires have caused as many as 1000 people to evacuate, due…
Before I could get my boots on, my dad was already outside spraying the fire with our garden hose, and moving his truck and four wheelers. The building was almost fully engulfed by the time the fire department had arrived. My brother rushed up to the Redlands Mesa Fire department and he waited about 20 minutes waiting for the head chief to get there to take a fire truck. At that moment, I am sure that his heart was beating extremely fast, because he could see the flames from the fire house and…