michigan tyler argued january decided may shortly midnight january fire broke respondents furniture store local fire department responded fire chief arrived smoldering embers doused discovery plastic containers flammable liquid reported entered building examine containers summoned police detective investigate possible arson detective took several pictures ceased investigation smoke steam fire extinguished firefighters departed fire chief detective removed containers left chief assistant returned cursory examination building hour later assistant detective made another examination removed pieces evidence february member state police arson section took photographs store made inspection followed several visits time additional evidence information obtained respondents subsequently charged conspiracy burn real property offenses evidence secured building testimony arson specialist used respondents trial resulted convictions notwithstanding objections warrants consent obtained entries inspection building seizure evidentiary items state reversed respondents convictions remanded case new trial concluding blaze extinguished firefighters left premises warrant required search premises unless consent premises abandoned held official entries investigate cause fire must adhere warrant procedures fourth amendment made applicable fourteenth amendment since entries case without proper consent authorized valid search warrant one illegal unless falls within one certain carefully defined classes cases warrants mandatory camara municipal pp diminution person reasonable expectation privacy protection fourth amendment simply official conducting search firefighter rather policeman purpose ascertain cause fire rather look evidence crime searches administrative purposes like searches evidence crime encompassed fourth amendment showing probable cause necessary secure warrant may vary object intrusiveness search necessity warrant persists pp secure warrant investigate cause fire official must show bare fact fire occurred magistrate duty assure proposed search reasonable determination requires inquiry need intrusion one hand threat disruption occupant pp burning building clearly presents exigency sufficient proportions render warrantless entry reasonable building extinguish blaze reasonable time thereafter firefighters may seize evidence arson plain view investigate causes fire thus fourth fourteenth amendment violations committed firemen entry extinguish blaze respondents store fire chief removal plastic containers facts case moreover warrant necessary morning building seizure evidence january departure fire chief personnel since continuation first entry temporarily interrupted poor visibility pp entries clearly detached initial exigency since entries made without warrants without consent violated fourth fourteenth amendments evidence obtained entries must excluded respondents retrial stewart delivered opinion burger powell joined part white marshall joined parts iii iv stevens joined parts iii blackmun joined stevens filed opinion concurring part concurring judgment post white filed opinion concurring part dissenting part marshall joined post rehnquist filed dissenting opinion post brennan took part consideration decision case jeffrey butler argued cause pro hac vice petitioner brief brooks patterson jesse bacalis argued cause filed brief respondents justice stewart delivered opinion respondents loren tyler robert tompkins convicted michigan trial conspiracy burn real property violation comp laws various pieces physical evidence testimony based personal observation obtained unconsented warrantless entries police fire officials onto burned premises admitted evidence respondents trial appeal michigan reversed convictions holding warrantless searches unconstitutional evidence obtained therefore inadmissible granted certiorari consider applicability fourth fourteenth amendments official entries onto premises shortly midnight january fire broke tyler auction furniture store oakland county mich building leased respondent loren tyler conducted business association respondent robert tompkins according trial testimony various witnesses fire department responded fire watering smoldering embers fire chief see arrived scene around chief see responsibility determine cause make reports chief see met lawson informed two plastic containers flammable liquid found building using portable lights entered gutted store filled smoke steam examine containers concluding fire possibly arson chief see called police detective webb arrived around detective webb took several pictures containers interior store finally abandoned efforts smoke steam chief see briefly ooked throughout rest building see evidence determine cause fire fire extinguished firefighters departed see webb took two containers fire station turned webb safekeeping neither consent warrant entries building removal containers respondents challenged introduction containers trial abandoned objection state four hours left tyler auction chief see returned assistant chief somerville whose job determine origin fires occur within township fire extinguished building empty cursory examination left somerville returned detective webb around webb words discovered suspicious burn marks carpet webb see earlier morning heat steam darkness also found pieces tape burn marks stairway leaving building obtain tools returned removed pieces carpet sections stairs preserve bits evidence suggestive fuse trial somerville also searched rubble looking signs evidence showed fire caused neither consent warrant entries seizures trial appeal respondents objected introduction evidence thereby obtained february sergeant hoffman michigan state police arson section returned tyler auction take photographs visit another time checked circuit breakers someone inspect furnace television repairman examine remains several television sets found ashes also found piece fuse course several visits hoffman secured physical evidence formed opinions played substantial role trial establishing arson cause fire refuting respondents testimony furniture lost entries building without warrants tyler consent sole purpose making investigation seizing evidence trial respondents attorney objected admission physical evidence obtained visits also moved strike hoffman testimony got illegal manner michigan held exceptions entry onto private property fire police officials subject warrant requirements fourth fourteenth amendments blaze extinguished firefighters left premises warrant required reenter search premises unless consent premises abandoned applying principle ruled series warrantless entries began blaze extinguished january violated fourth fourteenth amendments found record factually support conclusion tyler abandoned premises accepted lower finding onsent numerous searches never obtained defendant tyler accordingly reversed respondents convictions ordered new trial ii decisions firmly establish fourth amendment extends beyond paradigmatic entry private dwelling law enforcement officer search fruits instrumentalities crime stated camara municipal basic purpose amendment safeguard privacy security individuals arbitrary invasions governmental officials officials may health fire building inspectors purpose may locate abate suspected public nuisance simply perform routine periodic inspection privacy invaded may sheltered walls warehouse commercial establishment open public see seattle marshall barlow ante deviations typical police search thus clearly within protection fourth amendment petitioner argues however entry investigate cause recent fire outside protection individual privacy interests threatened occupant premises set blaze words petitioner brief actions show expectation privacy abandoned premises within meaning fourth amendment fire causes occupants premises treated victims police fire officials petitioner view likelihood aggrieved possible intrusion little remains privacy badly burned premises negligible argument persuasive even petitioner contention arson establishes abandonment accepted second proposition innocent fire victims inevitably protectible expectations privacy whatever remains property contrary common experience people may go living homes working offices fire even impossible private effects often remain premises petitioner may correct view innocent fire victims treated courteously welcome inspections property ascertain origin blaze even true contention irrelevant question whether inspection reasonable within meaning fourth amendment camara supra recognized innocent fire victims retain protection fourth amendment rest petitioner argument unravels course impossible justify warrantless search ground abandonment arson arson yet proved conviction used ex post facto validate introduction evidence used secure conviction thus diminution person reasonable expectation privacy protection fourth amendment simply official conducting search wears uniform firefighter rather policeman purpose ascertain cause fire rather look evidence crime fire might started deliberately searches administrative purposes like searches evidence crime encompassed fourth amendment amendment one governing principle justified history current experience consistently followed except certain carefully defined classes cases search private property without proper consent unreasonable unless authorized valid search warrant camara supra showing probable cause necessary secure warrant may vary object intrusiveness search necessity warrant persists petitioner argues purpose served requiring warrants investigate cause fire argument grounded premise fact need shown justify investigatory search fire undetermined origin occurred premises petitioner contends consideration distinguishes case camara concerned necessity warrants conduct routine building inspections whereas occupant premises subjected unexpected building inspection may way knowing purpose lawfulness entry argued occupant burned premises hardly question factual basis fire officials wanting access property whereas magistrate performs significant function assuring agency decision conduct routine inspection particular dwelling conforms reasonable legislative administrative standards little rubberstamp application search premises cause blaze short justification search simple obvious everyone fact recent fire magistrate review formality negligible protection occupant petitioner argument fails primarily built faulty premise secure warrant investigate cause fire official must show bare fact fire occurred magistrate duty assure proposed search reasonable determination requires inquiry need intrusion one hand threat disruption occupant routine building inspections reasonable balance competing concerns usually achieved broad legislative administrative guidelines specifying purpose frequency scope manner conducting inspections context investigatory fire searches programmatic responsive individual events particularized inquiry may necessary number prior entries scope search time day proposed made lapse time since fire continued use building owner efforts secure intruders might relevant factors even though fire victim privacy must normally yield vital social objective ascertaining cause fire magistrate perform important function preventing harassment keeping invasion minimum see see seattle chadwick marshall barlow ante addition even fire victims deemed aware factual justification investigatory searches follow also recognize legal authority searches stated camara inspector demands entry without warrant occupant way knowing whether enforcement municipal code involved requires inspection premises way knowing lawful limits inspector power search way knowing whether inspector acting proper authorization thus major function warrant provide property owner sufficient information reassure entry legality see chadwick supra short warrant requirement provides significant protection fire victims context property owners faced routine building inspections general matter official entries investigate cause fire must adhere warrant procedures fourth amendment words michigan cause fire undetermined purpose investigation determine cause prevent fires occurring recurring search may conducted pursuant warrant issued accordance reasonable legislative administrative standards absent promulgation judicially prescribed standards evidence wrongdoing discovered may course used establish probable cause issuance criminal investigative search warrant prosecution authorities seeking evidence used criminal prosecution usual standard probable cause apply since entries case without proper consent authorized valid search warrant one illegal unless falls within one certain carefully defined classes cases warrants mandatory camara iii decisions recognized warrantless entry criminal law enforcement officials may legal compelling need official action time secure warrant warden hayden warrantless entry house police hot pursuit armed robber ker california warrantless unannounced entry dwelling police prevent imminent destruction evidence similarly regulatory field cases recognized importance prompt inspections even without warrant emergency situations camara supra citing north american cold storage chicago seizure unwholesome food jacobson massachusetts compulsory smallpox vaccination compagnie francaise board health health quarantine burning building clearly presents exigency sufficient proportions render warrantless entry reasonable indeed defy reason suppose firemen must secure warrant consent entering burning structure put blaze building purpose firefighters may seize evidence arson plain view coolidge new hampshire thus fourth fourteenth amendments violated entry firemen extinguish fire tyler auction chief see removal two plastic containers flammable liquid found floor one showrooms although michigan appears accepted principle opinion may read holding exigency justifying warrantless entry fight fire ends need get warrant begins dousing last flame think view firefighting function unrealistically narrow however fire officials charged extinguishing fires finding causes prompt determination fire origin may necessary prevent recurrence detection continuing dangers faulty wiring defective furnace immediate investigation may also necessary preserve evidence intentional accidental destruction course sooner officials complete duties less subsequent interference privacy recovery efforts victims reasons officials need warrant remain building reasonable time investigate cause blaze extinguished warrantless entry put fire determine cause constitutional warrantless seizure evidence inspecting premises purposes also constitutional iv respondents argue however michigan correct holding departure fire officials tyler auction ended license might conduct warrantless search hence say even firemen might entitled remain building without warrant investigate cause fire four hours departure required warrant facts case believe warrant necessary early morning january fire extinguished chief see assistants began investigation visibility severely hindered darkness steam smoke thus departed returned shortly daylight continue investigation little purpose served remaining building except remove doubt legality warrantless search seizure later morning circumstances find morning entries actual continuation first lack warrant thus invalidate resulting seizure evidence entries occurring january however clearly detached initial exigency warrantless entry since searches conducted without valid warrants without consent invalid fourth fourteenth amendments evidence obtained result entries must therefore excluded respondents retrial summation hold entry fight fire requires warrant building officials may remain reasonable time investigate cause blaze thereafter additional entries investigate cause fire must made pursuant warrant procedures governing administrative searches see camara see seattle marshall barlow ante evidence arson discovered course investigations admissible trial investigating officials find probable cause believe arson occurred require access gather evidence possible prosecution may obtain warrant upon traditional showing probable cause applicable searches evidence crime ventresca principles require affirm judgment michigan ordering new trial affirmed justice brennan took part consideration decision case footnotes sergeant hoffman entered premises officials least twice january physical evidence obtained result warrantless entries state case substantially buttressed testimony oscar frisch former employee respondents described helping tyler tompkins move valuable items store old furniture store days fire also related respondents told fire january instructed place mattresses top objects burn better concluded warrants secured searches explained different standards probable cause governed searches determine cause fire searches gather evidence crime described standard probable cause govern searches case may easy task circumstances distinguish factual matter administrative inspection criminal investigation instant case faced task lawfully discovered plastic containers flammable liquid evidence arson fire extinguished fire chief see focused attention assembling proof arson began criminal investigation point probable cause issuance criminal investigative search warrant citations omitted administrative searches conducted enforce local building health fire codes probable cause issue warrant inspect exist reasonable legislative administrative standards conducting area inspection satisfied respect particular dwelling standards vary municipal program enforced may based upon passage time nature building apartment house condition entire area necessarily depend upon specific knowledge condition particular dwelling camara marshall barlow ante see lafave administrative searches fourth amendment camara see cases sup rev circumstances particular fires role firemen investigating officials vary widely fire dwelling clearly extinguished identifiable time presents fewer complexities likely attend fire spreads large apartment complex engulfs numerous buildings latter situations may necessary officials pursuing duty extinguish fire ascertain origin remain scene extended period time repeatedly entering building buildings portions thereof determining constitutes reasonable time investigate appropriate recognition must given exigencies confront officials serving conditions well individuals reasonable expectations privacy petitioner alleges respondent tompkins lacks standing object unconstitutional searches seizures michigan refused consider state argument however prosecutor failed raise issue trial michigan appeals read state opinion mean absence timely objection state defendant presumed standing failure present federal question conformance state procedure constitutes adequate independent ground decision barring review long state legitimate interest enforcing procedural rule henry mississippi see safeway stores oklahoma grocers cardinale louisiana petitioner claim michigan procedural rule serves legitimate purpose accordingly entertain petitioner standing claim state refused consider procedural default justice stevens concurring part concurring judgment part ii opinion case like opinion camara municipal seems assume official search must either conducted pursuant warrant take place join reasoning particular agree suggestion showing probable cause made warrant procedures governing administrative searches ante complied fourth amendment opinion administrative search warrant satisfy requirements warrant clause see marshall barlow ante stevens dissenting warrant make otherwise unreasonable search reasonable warrant provides authority unannounced immediate entry search notice given application warrant made notice precedes execution issued authorizes entry force view probable cause believe crime committed special enforcement need justify unannounced entry fourth amendment neither requires sanctions abrupt peremptory confrontation sovereign citizen case comply constitutional requirement reasonableness believe sovereign must provide fair notice inspection fourth amendment interests involved case protected either two ways warrant probable cause existed fair notice neither probable cause special law enforcement need existed since entry february authorized warrant preceded advance notice concur judgment parts iii iv opinion warrant clause fourth amendment provides warrants shall issue upon probable cause supported oath affirmation particularly describing place searched persons things seized see wyman james observed wyman warrant simply device providing procedural protections citizen also grants government increased authority invade citizen privacy see miller case obviously special enforcement need justifying initial entry extinguish fire agree search morning fire continuation entirely legal entry special enforcement need course established basis especially relevant legislative determination need see marshall barlow ante stevens dissenting fourth amendment ensures right people secure persons houses papers effects unreasonable searches seizures emphasis added surely broad protection encompasses expectation government demand immediate entry neither probable cause suspect illegality pressing enforcement concern yet rationale part ii opinion less reason officer suspect illegality less justification need give magistrate order conduct unannounced search rationale police incentive indeed disincentive establish probable cause obtaining authority conduct unannounced search see lafave administrative searches fourth amendment camara see cases sup rev requirement giving notice conducting routine administrative search hardly unprecedented closely parallels existing procedures administrative subpoenas see ed professor lafave points embodied english law practice see lafave supra justice white justice marshall joins concurring part dissenting part join part opinion dissent agree entry fight fire requires warrant building officials may remain reasonable time investigate cause blaze thereafter additional entries investigate cause fire must made pursuant warrant procedures governing administrative searches ante agents action delay two days following first entry one day following observation materials moved office made entry seized records sufficient support district implicit finding exigent circumstances investigating fires causes deserve clear demarcation constitutional limits authority today opinion recognizes need speed focuses attention fighting ongoing blaze firetruck need stop courthouse rushing flames fire extinguished firemen left premises emergency intrusion private property accompanied warrant indicating authority firemen presume enter search another reason holding initial departure required proper warrant state courts found time first criminal investigation way purpose officers gather evidence crime unless ignore findings warrant necessary camara municipal see seattle differ frank maryland searches criminal evidence special significance fourth amendment michigan recognized exigent circumstances reason believe destruction evidence imminent entry premises necessary prevent recurrence fire warrant required evidence discovered admissible found however instant case exigent circumstances justifying searches made hours days weeks fire extinguished justice rehnquist dissenting agree brother stevens reasons expressed dissenting opinion marshall barlow ante warrant clause application routine regulatory inspections commercial premises since opinion searches involved case fall within category think appropriate inquiry whether reasonable dispute entries occurred time fire next morning entirely justified see nothing indicate subsequent searches also eminently reasonable light circumstances evaluating reasonableness later searches obvious feature occurred fire done substantial damage premises including destruction interior thereafter premises used likely used business purposes least substantial repairs taken place indeed indication record fire tyler ever made attempt secure premises result fire department forced lock building prevent curious bystanders entering suffering injury far record reveals tyler never objected procedure attempted reclaim premises thus regardless whether premises technically abandoned within meaning fourth amendment cf abel hester clear purpose served giving tyler notice intended search requiring search take place hours situations might considered reasonable hours conduct regulatory search fact read record appears tyler notice investigators occasionally entering premises purpose determining cause fire never voiced slightest objection searches actually accompanied investigators least one occasion app fact accompanying investigators one searches tyler suggested fire well may caused arson observation coupled circumstances including tyler knowledge apparent acquiescence searches taken sensible person indication tyler thought searches continue culprit discovered least indicated objection searches thus regardless sources may serve inform one sense reasonable circumstances case see nothing indicate searches way unreasonable purposes fourth amendment since later searches reasonable search morning immediately fire light circumstances admission evidence derived therefrom opinion violate respondents fourth fourteenth amendment rights accordingly reverse judgment michigan held contrary