michigan
clifford
argued
october
decided
january
respondents
private
residence
damaged
early
morning
fire
town
firefighters
extinguished
blaze
time
fire
officials
police
left
premises
five
hours
later
team
arson
investigators
arrived
residence
first
time
investigate
cause
blaze
found
work
crew
scene
boarding
house
pumping
water
basement
investigators
learned
respondents
notified
fire
instructed
insurance
agent
send
crew
secure
house
nevertheless
investigators
entered
residence
conducted
extensive
search
without
obtaining
either
consent
administrative
warrant
search
began
basement
found
two
coleman
fuel
cans
crock
pot
attached
electrical
timer
investigators
determined
fire
caused
crock
pot
timer
set
deliberately
seizing
marking
evidence
found
basement
investigators
extended
search
upper
portions
house
found
additional
evidence
arson
respondents
charged
arson
moved
suppress
evidence
seized
warrantless
search
ground
obtained
violation
rights
fourth
fourteenth
amendments
michigan
trial
denied
motion
ground
exigent
circumstances
justified
search
interlocutory
appeal
michigan
appeals
found
exigent
circumstances
existed
reversed
held
judgment
affirmed
part
reversed
part
justice
powell
joined
justice
brennan
justice
white
justice
marshall
concluded
reasonable
expectations
privacy
remain
premises
administrative
searches
cause
origin
fire
subject
warrant
requirement
fourth
amendment
absent
consent
exigent
circumstances
especially
strong
expectations
privacy
private
residence
respondents
retained
significant
privacy
interests
home
warrantless
search
basement
upper
areas
respondents
home
authorized
neither
consent
exigent
circumstances
evidence
seized
search
obtained
violation
respondents
rights
fourth
fourteenth
amendments
must
suppressed
pp
warrant
necessary
search
premises
administrative
warrant
suffices
primary
object
search
determine
cause
origin
fire
criminal
search
warrant
obtained
upon
showing
probable
cause
required
primary
object
search
gather
evidence
criminal
activity
pp
search
continuation
earlier
search
privacy
interests
residence
made
delay
fire
midday
search
unreasonable
absent
warrant
consent
exigent
circumstances
michigan
tyler
distinguished
cause
fire
known
upon
search
basement
search
upper
portions
house
search
gather
evidence
arson
requiring
criminal
warrant
absent
exigent
circumstances
even
basement
search
valid
administrative
search
justified
upstairs
search
since
soon
determined
fire
originated
basement
scope
search
limited
basement
area
pp
justice
stevens
concluded
search
respondents
home
unreasonable
contravention
fourth
amendment
investigators
made
effort
provide
fair
advance
notice
inspection
respondents
nonexigent
forceful
warrantless
entry
reasonable
unless
investigator
made
effort
give
owner
sufficient
notice
present
investigation
made
pp
janice
joyce
bartee
argued
cause
pro
hac
vice
petitioner
brief
william
cahalan
edward
reilly
wilson
timony
baughman
preston
oade
argued
cause
filed
brief
respondents
justice
powell
announced
judgment
delivered
opinion
justice
brennan
justice
white
justice
marshall
joined
case
presents
questions
authority
arson
investigators
absence
exigent
circumstances
consent
enter
private
residence
without
warrant
investigate
cause
recent
fire
respondents
raymond
emma
jean
clifford
arrested
charged
arson
connection
fire
private
residence
preliminary
examination
held
establish
probable
cause
alleged
offense
state
introduced
various
pieces
physical
evidence
obtained
warrantless
nonconsensual
search
cliffords
home
respondents
moved
suppress
evidence
ground
obtained
violation
rights
fourth
fourteenth
amendments
motion
denied
respondents
bound
trial
trial
moved
suppress
evidence
obtained
search
trial
conducted
evidentiary
hearing
denied
motion
ground
exigent
circumstances
justified
search
certified
evidentiary
ruling
interlocutory
appeal
michigan
appeals
reversed
held
exigent
circumstances
justifying
search
instead
found
warrantless
entry
search
clifford
residence
conducted
pursuant
policy
arson
division
detroit
fire
department
sanctioned
searches
long
owner
present
premises
open
trespass
search
occurred
within
reasonable
time
fire
appeals
held
policy
inconsistent
michigan
tyler
warrantless
nonconsensual
search
cliffords
residence
violated
rights
fourth
fourteenth
amendments
granted
certiorari
clarify
doubt
appears
exist
application
decision
tyler
ii
early
morning
hours
october
fire
erupted
clifford
home
cliffords
town
camping
trip
time
fire
reported
detroit
fire
department
fire
units
arrived
scene
fire
extinguished
fire
officials
police
left
premises
morning
fire
lieutenant
beyer
fire
investigator
arson
section
detroit
fire
department
received
instructions
investigate
clifford
fire
informed
fire
department
suspected
arson
assignments
lieutenant
beyer
proceed
immediately
clifford
residence
partner
finally
arrived
scene
fire
october
arrived
found
work
crew
scene
crew
boarding
house
pumping
six
inches
water
basement
neighbor
told
investigators
called
clifford
instructed
request
cliffords
insurance
agent
send
boarding
crew
secure
house
neighbor
also
advised
cliffords
plan
return
day
investigators
waited
water
pumped
found
coleman
fuel
driveway
seized
marked
evidence
water
pumped
basement
lieutenant
beyer
partner
without
obtaining
consent
administrative
warrant
entered
clifford
residence
began
investigation
cause
fire
search
began
basement
quickly
confirmed
fire
originated
beneath
basement
stairway
detected
strong
odor
fuel
throughout
basement
found
two
coleman
fuel
cans
beneath
stairway
dug
debris
investigators
also
found
crock
pot
attached
wires
leading
electrical
timer
plugged
outlet
feet
away
timer
set
turn
approximately
turn
back
approximately
stopped
somewhere
evidence
seized
marked
determining
fire
originated
basement
lieutenant
beyer
partner
searched
remainder
house
warrantless
search
followed
extensive
thorough
investigators
called
photographer
take
pictures
throughout
house
searched
drawers
closets
found
full
old
clothes
inspected
rooms
noted
nails
walls
pictures
found
wiring
cassettes
video
tape
machine
machine
respondents
moved
exclude
exhibits
testimony
based
basement
upstairs
searches
ground
searches
gather
evidence
arson
conducted
without
warrant
consent
exigent
circumstances
therefore
per
se
unreasonable
fourth
fourteenth
amendments
petitioner
hand
argues
entire
search
reasonable
exempt
warrant
requirement
iii
petition
certiorari
state
challenge
state
finding
exigent
circumstances
justifying
search
clifford
home
instead
asks
us
exempt
warrant
requirement
administrative
investigations
cause
origin
fire
decline
tyler
restated
position
administrative
searches
generally
require
warrants
see
marshall
barlow
camara
municipal
see
city
seattle
reaffirm
view
today
except
certain
carefully
defined
classes
cases
nonconsensual
entry
search
property
governed
warrant
requirement
fourth
fourteenth
amendments
constitutionality
warrantless
nonconsensual
entries
onto
premises
therefore
normally
turns
several
factors
whether
legitimate
privacy
interests
property
protected
fourth
amendment
whether
exigent
circumstances
justify
government
intrusion
regardless
reasonable
expectations
privacy
whether
object
search
determine
cause
fire
gather
evidence
criminal
activity
observed
tyler
reasonable
privacy
expectations
may
remain
premises
people
may
go
living
homes
working
offices
fire
even
impossible
private
effects
often
remain
premises
tyler
privacy
expectations
vary
type
property
amount
fire
damage
prior
continued
use
premises
cases
owner
efforts
secure
intruders
fires
may
devastating
reasonable
privacy
interests
remain
ash
ruins
regardless
owner
subjective
expectations
test
essentially
objective
one
whether
expectation
one
society
prepared
recognize
reasonable
katz
harlan
concurring
see
also
smith
maryland
reasonable
privacy
interests
remain
property
warrant
requirement
applies
official
entry
must
made
pursuant
warrant
absence
consent
exigent
circumstances
burning
building
course
creates
exigency
justifies
warrantless
entry
fire
officials
fight
blaze
moreover
tyler
held
building
officials
need
warrant
remain
reasonable
time
investigate
cause
blaze
extinguished
however
reasonable
expectations
privacy
remain
property
additional
investigations
begun
fire
extinguished
fire
police
officials
left
scene
generally
must
made
pursuant
warrant
identification
new
exigency
aftermath
fire
often
presents
exigencies
tolerate
delay
necessary
obtain
warrant
secure
owner
consent
inspect
premises
determining
cause
origin
fire
serves
compelling
public
interest
warrant
requirement
apply
cases
warrant
necessary
object
search
determines
type
warrant
required
primary
object
determine
cause
origin
recent
fire
administrative
warrant
suffice
obtain
warrant
fire
officials
need
show
fire
undetermined
origin
occurred
premises
scope
proposed
search
reasonable
intrude
unnecessarily
fire
victim
privacy
search
executed
reasonable
convenient
time
primary
object
search
gather
evidence
criminal
activity
criminal
search
warrant
may
obtained
showing
probable
cause
believe
relevant
evidence
found
place
searched
evidence
criminal
activity
discovered
course
valid
administrative
search
may
seized
plain
view
doctrine
coolidge
new
hampshire
evidence
may
used
establish
probable
cause
obtain
criminal
search
warrant
fire
officials
may
however
rely
evidence
expand
scope
administrative
search
without
first
making
successful
showing
probable
cause
independent
judicial
officer
object
search
important
even
exigent
circumstances
exist
circumstances
justify
warrantless
search
cause
fire
may
justify
search
gather
evidence
criminal
activity
cause
determined
example
administrative
search
justified
immediate
need
ensure
rekindling
scope
search
may
broader
reasonably
necessary
achieve
end
search
gather
evidence
criminal
activity
plain
view
must
made
pursuant
criminal
warrant
upon
traditional
showing
probable
cause
searches
clifford
home
least
arguably
viewed
two
separate
ones
delayed
search
basement
area
followed
extensive
search
residential
portion
house
apply
principles
outlined
searches
iv
clifford
home
story
brick
frame
residence
although
extensive
damage
lower
interior
structure
exterior
house
upstairs
rooms
largely
undamaged
fire
although
smoke
damage
firemen
broken
one
doors
windows
fighting
blaze
time
lieutenant
beyer
partner
arrived
home
uninhabitable
personal
belongings
remained
cliffords
arranged
house
secured
intrusion
absence
circumstances
light
strong
expectations
privacy
associated
home
hold
cliffords
retained
reasonable
privacy
interests
residence
postfire
investigations
subject
warrant
requirement
thus
warrantless
nonconsensual
searches
basement
upstairs
areas
house
valid
exigent
circumstances
justified
object
scope
noted
state
claim
exigent
circumstances
justified
postfire
searches
argues
either
exempt
postfire
searches
warrant
requirement
modify
tyler
justify
warrantless
searches
case
rejected
state
first
argument
turn
second
tyler
upheld
warrantless
postfire
search
furniture
store
despite
absence
exigent
circumstances
ground
continuation
valid
search
begun
immediately
fire
investigation
begun
last
flames
doused
completed
smoke
darkness
search
resumed
promptly
smoke
cleared
daylight
dawned
postfire
search
interrupted
reasons
evident
held
early
morning
search
actual
continuation
first
lack
warrant
thus
invalidate
resulting
seizure
evidence
state
conceded
oral
argument
case
distinguishable
several
reasons
first
challenged
search
continuation
earlier
search
time
firefighters
extinguished
blaze
left
scene
arson
investigators
first
arrived
begin
investigation
cliffords
taken
steps
secure
privacy
interests
remained
residence
intrusion
efforts
separate
entry
made
extinguish
blaze
made
later
different
officers
investigate
origin
second
privacy
interests
residence
particularly
cliffords
acted
significantly
greater
furniture
store
making
delay
fire
midday
search
unreasonable
absent
warrant
consent
exigent
circumstances
frequently
noted
privacy
interests
especially
strong
private
residence
facts
interim
efforts
secure
premises
heightened
privacy
interests
home
distinguish
case
tyler
least
homeowner
made
reasonable
effort
secure
home
blaze
extinguished
fire
police
units
left
scene
hold
subsequent
postfire
search
must
conducted
pursuant
warrant
consent
identification
new
exigency
long
primary
purpose
ascertain
cause
fire
administrative
warrant
suffice
cause
fire
known
search
upper
portions
house
described
search
gather
evidence
crime
arson
absent
exigent
circumstances
search
requires
criminal
warrant
even
midday
basement
search
valid
administrative
search
justified
upstairs
search
scope
search
limited
reasonably
necessary
determine
cause
origin
fire
ensure
rekindling
soon
investigators
determined
fire
originated
basement
caused
crock
pot
timer
found
beneath
basement
stairs
scope
search
limited
basement
area
although
investigators
used
whatever
evidence
discovered
basement
establish
probable
cause
search
remainder
house
lawfully
undertake
search
without
prior
judicial
determination
successful
showing
probable
cause
made
exigent
circumstances
justifying
upstairs
search
undertaken
without
prior
showing
probable
cause
independent
judicial
officer
hold
search
home
unreasonable
fourth
fourteenth
amendments
regardless
validity
basement
search
warrantless
intrusion
upstairs
regions
clifford
house
presents
telling
illustration
importance
prior
judicial
review
proposed
administrative
searches
administrative
warrant
obtained
case
presumably
limited
scope
proposed
investigation
prevented
warrantless
intrusion
upper
rooms
clifford
home
administrative
search
cause
recent
fire
give
fire
officials
license
roam
freely
fire
victim
private
residence
pieces
physical
evidence
challenged
interlocutory
appeal
three
empty
fuel
cans
electric
crock
pot
timer
attached
cord
respondents
also
challenged
testimony
investigators
concerning
warrantless
search
basement
upstairs
portions
clifford
home
discovery
two
fuel
cans
crock
pot
timer
cord
well
investigators
related
testimony
product
unconstitutional
postfire
search
cliffords
residence
thus
affirm
portion
judgment
michigan
appeals
excluded
evidence
one
fuel
cans
discovered
plain
view
cliffords
driveway
seen
plain
view
initial
investigation
firefighters
admissible
whether
seized
basement
firefighters
driveway
arson
investigators
exclusion
evidence
reversed
ordered
footnotes
see
donovan
dewey
heavily
regulated
business
biswell
colonnade
exceptions
warrant
requirement
recognized
cases
applicable
warrantless
search
case
suggest
firemen
fighting
fire
normally
remain
within
building
circumstances
course
vary
many
situations
actual
entry
may
hazardous
fire
wholly
extinguished
even
danger
collapsing
walls
may
exist
thus
effort
ascertain
cause
fire
may
extend
period
time
entry
reentry
critical
inquiry
whether
reasonable
expectations
privacy
exist
premises
particular
time
whether
exigencies
justify
reentries
example
immediate
threat
blaze
might
rekindle
presents
exigency
justify
warrantless
nonconsensual
postfire
investigation
immediate
investigation
may
also
necessary
preserve
evidence
intentional
accidental
destruction
see
michigan
tyler
probable
cause
issue
administrative
warrant
exists
reasonable
legislative
administrative
judicially
prescribed
standards
conducting
inspection
satisfied
respect
particular
dwelling
see
particularly
tyler
supra
see
also
camara
municipal
doctrine
must
applied
light
special
circumstances
frequently
accompany
fire
damage
searching
solely
ascertain
cause
firemen
customarily
must
remove
rubble
search
areas
cause
fires
likely
found
object
comes
view
search
may
preserved
without
warrant
see
payton
new
york
district
reasonable
expectations
privacy
premises
vary
depending
particularly
type
use
building
involved
expectations
privacy
particularly
strong
private
residences
offices
may
depending
upon
circumstances
diminished
privacy
expectations
commercial
premises
suggest
individual
expectations
privacy
may
prevail
interests
public
safety
example
fire
breaks
apartment
unit
apartment
complex
exigency
exception
may
allow
warrantless
postfire
investigations
necessary
ensure
immediate
danger
future
fire
hazard
many
cases
bright
line
separating
firefighters
investigation
cause
fire
search
evidence
arson
distinction
vary
circumstances
particular
fire
generally
involve
lapse
time
number
entries
reentries
example
cause
fire
dwelling
determined
administrative
search
end
broader
investigation
made
pursuant
criminal
warrant
fire
apartment
hand
may
present
complexities
make
necessary
officials
conduct
expansive
searches
remain
premises
longer
periods
time
make
repeated
entries
reentries
building
see
tyler
justice
stevens
concurring
judgment
continue
hold
views
expressed
separate
opinions
michigan
tyler
marshall
barlow
zurcher
stanford
daily
donovan
dewey
unable
join
justice
powell
opinion
agree
however
holding
tyler
supports
judgment
commanded
opinion
unanimity
within
three
general
propositions
regarding
scope
fourth
amendment
protection
afforded
owner
building
one
questions
right
firefighters
make
forceful
unannounced
nonconsensual
warrantless
entry
burning
building
reasonableness
entry
plain
require
explanation
disagreement
concerning
firemen
right
remain
premises
fire
extinguished
satisfied
danger
rekindling
also
continue
investigate
cause
fire
also
unanimous
opinion
investigators
determined
cause
fire
located
place
originated
search
portions
premises
may
conducted
pursuant
warrant
issued
upon
probable
cause
crime
committed
specifically
describing
places
searched
items
seized
issues
divide
us
case
whether
entry
lieutenant
beyer
partner
regarded
continuation
original
entry
separate
postfire
search
whether
warrantless
entry
make
postfire
investigation
cause
fire
without
owner
consent
constitutional
agree
justice
powell
conclusion
lieutenant
beyer
entry
postfire
search
rather
merely
continuation
earlier
valid
entry
ante
disagree
justice
rehnquist
position
decision
tyler
indistinguishable
regard
post
tyler
willing
treat
early
morning
reentries
officers
premises
hours
earlier
continuation
earlier
valid
investigation
cause
fire
attempt
ascertain
cause
fire
temporarily
suspended
tyler
visibility
severely
hindered
darkness
steam
smoke
circumstances
return
investigators
shortly
daybreak
ascertain
cause
fire
indeed
actual
continuation
earlier
valid
search
ibid
unlike
tyler
case
challenged
entry
made
officers
premises
time
earlier
valid
search
moreover
contrast
tyler
investigation
fire
origin
temporarily
suspended
account
conditions
scene
resumed
first
opportunity
conditions
hampering
investigation
subsided
investigators
case
waited
work
crew
scene
pump
water
basement
making
entry
delay
arrival
scene
apparently
nothing
fact
water
collected
basement
fact
might
justified
temporary
suspension
investigative
effort
commenced
investigators
scene
premises
abandoned
fire
officials
case
amounts
post
hoc
justification
without
apparent
basis
reality
general
unless
least
personnel
involved
return
premises
temporary
departure
justifiably
actually
occasioned
conditions
premises
apply
test
expressed
justice
white
measuring
scope
emergency
justified
initial
entry
search
nce
fire
extinguished
firemen
left
premises
emergency
add
departure
firemen
also
establish
presumption
fire
extinguished
danger
rekindling
thereafter
slight
provide
independent
justification
second
entry
presumption
rebutted
additional
information
demonstrating
previously
unknown
unrecognized
danger
rekindling
ii
presumably
postfire
searches
made
consent
property
owner
consent
established
searches
course
raise
fourth
amendment
issues
therefore
concerned
fire
investigator
right
make
entry
without
owner
consent
force
necessary
problem
identify
constraints
imposed
fourth
amendment
officer
authority
make
entry
context
amendment
might
construed
least
four
different
ways
first
might
hold
warrantless
search
premises
aftermath
fire
reasonable
warrant
may
issue
unless
supported
probable
cause
crime
committed
holding
supported
reference
text
two
clauses
fourth
amendment
member
however
places
strict
construction
amendment
second
might
hold
warrantless
search
reasonable
allow
postfire
searches
conducted
pursuant
warrant
issued
without
showing
probable
cause
following
marshall
barlow
supra
justice
powell
takes
position
judgment
position
odds
text
fourth
amendment
defeats
purpose
warrant
clause
enabling
magistrate
rubber
stamp
make
otherwise
unreasonable
search
reasonable
third
might
hold
warrant
ever
required
postfire
search
search
conducted
promptly
scope
limited
determination
cause
fire
reasonable
without
probable
cause
suspect
arson
justice
rehnquist
persuasively
outlined
basis
position
noted
certain
cases
may
justification
requiring
inspectors
notify
building
owners
inspection
post
fourth
position
one
believe
two
clauses
fourth
amendment
command
require
fire
investigator
obtain
traditional
criminal
search
warrant
order
make
unannounced
entry
characterize
warrantless
entry
reasonable
whenever
inspector
either
given
owner
sufficient
advance
notice
enable
agent
present
made
reasonable
effort
unless
fire
investigators
probable
cause
believe
crime
arson
committed
believe
homeowner
entitled
reasonable
advance
notice
officers
going
enter
premises
purpose
ascertaining
cause
fire
notice
give
owner
fair
opportunity
present
investigation
conducted
virtually
eliminating
need
potentially
confrontational
forcible
entry
advance
notice
search
best
safeguard
owner
legitimate
interests
privacy
premises
allowing
place
certain
possessions
legitimately
prefer
strangers
see
sight
permitting
present
search
assure
exceed
reasonable
bounds
moreover
risk
unexplained
harm
loss
owner
personal
effects
minimized
owner
opportunity
respond
questions
premises
volunteer
relevant
information
might
assist
investigators
true
course
advance
notice
increase
somewhat
likelihood
guilty
owner
conceal
destroy
relevant
evidence
seems
fair
assume
criminal
diligently
attempt
cover
traces
events
event
probable
cause
believe
owner
committed
arson
lacking
justifications
general
policy
unannounced
spot
inspections
obtain
regulatory
contexts
also
lacking
mere
suspicion
individual
engaged
criminal
activity
insufficient
justify
intrusion
individual
privacy
unannounced
potentially
forceful
entry
entails
since
attempt
give
kind
notice
respondents
case
provide
proper
occasion
defining
character
notice
must
given
convinced
however
nonexigent
forceful
warrantless
entry
reasonable
unless
investigator
made
effort
give
owner
sufficient
notice
present
investigation
made
naturally
owner
given
reasonable
notice
attempts
interfere
legitimate
performance
fire
investigators
duties
appropriate
sanctions
permissible
probable
cause
believe
crime
committed
issuance
valid
warrant
neutral
magistrate
enable
entry
subsequent
search
conducted
manner
investigation
suspected
criminal
conduct
without
advance
notice
property
owner
case
intrusive
nature
potentially
forceful
entry
without
prior
notice
justified
demonstrated
reasonable
likelihood
owner
property
conceal
destroy
object
search
prior
notice
provided
zurcher
stanford
daily
stevens
dissenting
case
justice
rehnquist
pointed
post
argument
may
made
notice
requirement
inapplicable
owners
town
attempt
whatever
made
provide
notice
even
prove
futile
record
foreclose
possibility
effort
advise
possibly
party
notified
representatives
insurance
company
board
building
might
well
resulted
request
friend
neighbor
present
house
search
carried
thus
might
avoided
plainly
improper
search
entire
premises
cause
fire
already
identified
therefore
conclude
search
case
unreasonable
contravention
fourth
amendment
investigators
made
effort
provide
fair
notice
inspection
owners
premises
accordingly
concur
judgment
fire
chief
see
entered
assistant
chief
somerville
detective
webb
accompanied
somerville
see
scene
webb
arrived
see
true
tyler
assistant
chief
somerville
first
arrived
scene
presumably
observe
anything
also
seen
chief
see
detective
webb
scene
earlier
noted
marshall
barlow
first
clause
right
free
unreasonable
searches
shall
violated
second
unequivocally
prohibits
issuance
warrants
except
upon
probable
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
shall
violated
nd
warrants
shall
issue
upon
probable
cause
supported
oath
affirmation
particularly
describing
place
searched
persons
things
seized
extent
however
relies
danger
rekindling
believe
analysis
flawed
suppose
justice
powell
also
dispense
warrant
requirement
danger
present
surely
analytical
purposes
believe
must
assume
postfire
investigation
supported
emergency
rationale
rather
justified
general
regulatory
interest
preventing
similar
fires
including
set
arsonists
prohibiting
issuance
warrant
make
unannounced
nonconsensual
entry
home
unless
probable
cause
believe
crime
committed
reading
fourth
amendment
carries
express
purpose
warrant
clause
justice
powell
view
administrative
warrant
suffice
submit
provide
protection
contemplated
clause
hand
persuaded
postfire
investigatory
search
reasonable
even
without
either
suspicion
probable
cause
advance
notice
given
homeowner
purpose
reasonableness
clause
satisfied
without
obtaining
administrative
warrant
nothing
rubber
stamp
justice
rehnquist
chief
justice
justice
blackmun
justice
join
dissenting
six
terms
ago
michigan
tyler
first
addressed
applicability
fourth
amendment
warrant
clause
activities
firefighters
inspectors
following
fire
furniture
store
divided
held
fire
exigent
circumstance
allowed
entry
extinguish
fire
authorized
investigators
remain
reasonable
time
investigate
cause
blaze
also
held
hours
officials
departed
actual
continuation
earlier
investigation
subsequent
visits
three
weeks
fire
required
administrative
warrant
precepts
tyler
proved
easy
apply
told
plurality
opinion
case
granted
certiorari
clarify
doubt
appears
exist
application
decision
tyler
ante
opinion
demonstrates
beyond
peradventure
purpose
totally
failed
accomplish
today
opinion
far
clarifying
doubtful
aspects
tyler
sows
confusion
broadside
hold
exigent
circumstances
doctrine
enunciated
tyler
authorized
search
basement
clifford
home
although
remaining
parts
house
searched
without
issuance
warrant
issued
upon
probable
cause
judging
simply
comparison
facts
tyler
believe
basement
inspection
conducted
lieutenant
beyer
october
six
hours
fire
extinguished
fire
officials
police
left
clifford
premises
actual
continuation
original
entry
fight
fire
term
used
tyler
firefighters
fought
blaze
clifford
house
removed
containing
coleman
lantern
fuel
placed
driveway
home
later
seized
marked
evidence
inspectors
arrived
thus
tyler
investigation
cause
fire
went
contemporaneously
efforts
fight
firefighters
first
left
premises
early
morning
see
reason
treat
delay
departure
firefighters
arrival
investigators
case
differently
treated
delay
departure
investigators
tyler
store
return
premises
plurality
seeks
distinguish
two
situations
basis
differences
seem
trivial
immaterial
says
interim
case
cliffords
taken
steps
secure
privacy
interests
remained
residence
intrusion
ante
may
go
question
whether
invasion
privacy
interest
amounting
search
bearing
question
whether
exigent
circumstances
constitute
exception
warrant
requirement
concededly
search
plurality
also
intimates
firefighters
nothing
fight
fire
arson
investigation
begin
arson
investigators
arrived
afternoon
ibid
firefighting
fire
investigation
obviously
neatly
compartmentalized
shown
fact
firefighters
alert
signs
cause
fire
removed
coleman
lantern
fuel
inspection
later
team
arson
investigators
plurality
also
purports
distinguish
facts
tyler
statement
privacy
interests
residence
particularly
cliffords
acted
significantly
greater
furniture
store
ante
furniture
store
tyler
characterized
surely
cliffords
residence
deserves
characterization
also
well
established
private
commercial
buildings
context
much
protected
fourth
amendment
private
dwellings
see
see
city
seattle
citing
cases
certainly
public
interest
determining
cause
origin
fire
commercial
establishment
applies
equal
greater
force
necessity
determining
cause
origin
fire
home
authority
tyler
therefore
uphold
search
clifford
basement
allow
use
evidence
resulting
search
arson
trial
ii
camara
municipal
see
city
seattle
supra
imposed
warrant
requirement
city
housing
fire
inspectors
requiring
obtain
administrative
search
warrant
prior
entering
building
inspect
possible
health
fire
code
violations
protect
privacy
interests
building
owners
unbridled
discretion
municipal
inspectors
held
administrative
searches
conducted
pursuant
warrant
obtained
independent
magistrate
camara
supra
light
important
public
interest
abating
public
health
hazards
relatively
limited
invasion
privacy
inhering
administrative
searches
essentially
noncriminal
focus
inspection
different
kind
warrant
established
warrant
described
dissent
case
newfangled
see
supra
clark
dissenting
probable
cause
issue
kind
warrant
sound
terms
suspicion
criminal
activity
terms
reasonable
legislative
administrative
standards
governing
decision
search
particular
building
camara
supra
one
may
concede
correctness
line
cases
without
agreeing
cases
applied
prompt
postfire
inspection
conducted
determine
cause
origin
fire
practice
investigating
cause
origin
fires
longstanding
widespread
acceptance
public
interest
conducting
prompt
careful
investigation
cause
origin
fires
also
undeniably
strong
investigation
reveal
whether
danger
fire
rekindling
assess
effectiveness
local
building
codes
preventing
limiting
spread
fire
may
bring
light
facts
suggesting
crime
arson
entry
also
necessary
causes
fire
may
also
observable
outside
building
uninformed
occupant
see
green
certainly
reasons
justify
search
determine
cause
origin
fire
concerns
regarding
administrative
searches
expressed
camara
see
justify
imposition
warrant
requirement
simply
apply
postfire
investigation
conducted
within
reasonable
time
fire
emergency
doctrine
beyond
dispute
firefighters
may
enter
building
order
extinguish
flames
michigan
tyler
efforts
control
blaze
firefighters
may
knock
doors
windows
chop
holes
roofs
walls
generally
take
full
control
structure
extinguish
fire
aftermath
fire
individual
unlikely
much
concern
limited
intrusion
fire
inspector
coming
premises
learn
fire
fire
victims
unlike
occupants
ordinary
times
generally
expect
welcome
intrusions
fire
police
medical
officials
period
following
fire
likewise
relative
strangers
insurance
agents
frequently
authority
enter
structure
circumstances
intrusion
fire
inspector
hardly
new
substantially
different
intrusion
occurred
firefighters
first
arrived
extinguish
flames
instead
analogous
intrusions
medical
officials
insurance
investigators
may
arrive
scene
fire
shortly
origin
ample
justification
exists
state
municipality
authorize
fire
inspection
program
permit
fire
inspectors
enter
premises
determine
cause
origin
fire
real
sense
investigation
cliffords
home
considered
result
unbridled
discretion
city
fire
investigators
came
cliffords
home
justification
existed
inspect
cliffords
home
fire
fire
investigators
authorized
enter
cliffords
home
happening
fortuitous
exigent
event
control
thus
warrant
requirement
exists
prevent
individuals
subjected
unfettered
power
government
officials
initiate
search
warrant
simply
required
circumstances
limit
authority
fire
investigator
long
authority
inspect
contingent
upon
happening
event
control
view
utility
requiring
magistrate
evaluate
grounds
search
following
fire
limited
incidental
protection
individual
privacy
interests
simply
justify
imposing
warrant
requirement
inspection
conducted
within
short
time
extinguishing
flames
owners
away
premises
premises
fully
secured
trespass
circumstances
search
basement
determine
cause
origin
fire
reasonable
constitutes
reasonable
time
determined
basis
fire
investigators
may
one
fire
investigate
given
day
addition
fire
investigators
entitled
wait
embers
gasses
fire
cooled
water
pumped
structure
firefighters
pumped
made
abundantly
clear
detroit
fire
department
policy
regulating
postfire
investigations
policy
encourages
investigators
conduct
investigation
promptly
possible
property
occupied
place
business
trying
conduct
business
inspectors
instructed
obtain
consent
administrative
warrant
premises
occupied
children
inspectors
must
obtain
consent
adult
entry
inspect
premises
secured
trespass
investigators
must
obtain
consent
administrative
warrant
owners
away
building
open
trespass
may
fire
investigators
enter
without
consent
warrant
app
testimony
beyer
capt
monroe
tyler
majority
stated
major
function
warrant
requirement
provide
property
owner
sufficient
information
reassure
legality
entry
michigan
tyler
relationship
informational
function
privacy
interest
protected
fourth
amendment
clear
proper
identification
attempt
notifying
owners
allay
reasonable
fears
inspectors
impostors
lack
authority
inspect
origin
cause
fire
noted
supra
may
justification
requiring
inspectors
contact
attempt
contact
building
owners
inspection
owners
town
appear
unreasonable
conducted
inspection
without
prior
notice
owners
notice
simply
informs
building
owners
building
entered
persons
possessing
authority
enter
building
yet
failure
notify
cliffords
prior
entry
fails
advance
significant
way
purposes
exclusionary
rule
point
fact
fire
investigators
told
cliffords
unavailable
gone
fishing
app
thus
circumstances
failure
notify
cliffords
seems
reasonable
cliffords
also
deemed
received
constructive
notice
agents
scene
neighbor
apparently
ascertained
legitimacy
inspectors
visit