Fighter Of Exigent Full Movie Free Download

[Alia Rajwani]

<div>Sheriff's officers seized material from a marijuana-growing operation without a warrant after it had been discovered by fire fighters at the scene of a fire. Kevin Bell was charged with possession of marijuana, RCW 69.50.401(d), but the case was dismissed after the trial court suppressed the evidence. The Court of Appeals reversed, holding that the warrantless seizure did not violate the state and federal constitutions. We affirm the Court of Appeals and remand the case for trial.</div><div></div><div></div><div>On September 30, 1983, a fire broke out at a house rented by Kevin Bell. Kitsap County Deputy Sheriff Clarke noticed the blaze and called the fire department. Fire fighters arrived at the scene and removed a wood stove, the apparent cause of the fire. The fire had charred one wall from floor to ceiling. As part of common practice, two fire fighters were sent to check the attic directly over the burned area in order to make sure there were no smoldering embers. The attic was full of smoke and had to be ventilated before they could gain access.</div><div></div><div></div><div></div><div></div><div></div><div>Fighter of Exigent full movie free download</div><div></div><div>Download File: https://t.co/nOu3jv1n5Q </div><div></div><div></div><div>When the fire fighters reached the attic, they noticed plants being grown, but proceeded to check the attic for evidence of a fire. They determined that the area directly above the wood stove was no longer on fire but had been charred. One of the fire fighters suspected that the plants were marijuana, and he summoned his superior, an assistant fire marshal, to the attic. The assistant marshal believed that the attic contained a marijuana-growing operation, having noticed that two large lights were being used to grow an estimated 75 to 100 plants.</div><div></div><div></div><div>The assistant marshal then left the residence because of other duties, instructing fire fighters remaining at the scene not to touch the plants. The assistant marshal went to the fire station and telephoned a deputy prosecutor, seeking advice as to how the matter should be handled. The deputy prosecutor recommended that the evidence be confiscated. *195 During this time, no items were seized nor was the defendant told about the attic discovery.</div><div></div><div></div><div>Bell argues that the evidence taken from the attic should be suppressed because the warrantless seizure violated his constitutional rights in two ways. First, he contends that the fire fighters needed a warrant to seize the evidence because exigent circumstances no longer existed once the fire was extinguished. Second, he contends that the sheriff's officers needed a warrant to enter Bell's house and take charge of the seizure.</div><div></div><div></div><div>Fire fighters, like policemen, are subject to the Fourth Amendment. Michigan v. Tyler, 436 U.S. 499, 504, 508, 56 L. Ed. 2d 486, 98 S. Ct. 1942 (1978). Therefore, fire fighters' warrantless seizures of property found at the scene of a fire[1] are per se unreasonable unless the State can show that they fall within one of the exceptions to the warrant requirement. See Tyler, at 508-09.</div><div></div><div></div><div>[1] The fire fighters' role in this case is justified by the "plain view" exception to the warrant requirement. A "plain view" seizure is valid if the following requirements are met: "(1) a prior justification for intrusion; (2) inadvertent discovery of incriminating evidence; and (3) immediate knowledge by the officer that he had evidence before him." *197 Myrick, at 514 (quoting Chrisman, at 819). We now turn to analysis of those elements.</div><div></div><div></div><div>There was a prior justification for the fire fighters' original intrusion into the attic. "A burning building of course creates an exigency that justifies a warrantless entry by fire officials to fight the blaze." Michigan v. Clifford, 464 U.S. 287, 293, 78 L. Ed. 2d 477, 104 S. Ct. 641 (1984). Moreover, exigent circumstances continue beyond the time when the fire has been extinguished. Tyler, at 510. Fire fighters need no warrant to remain in the building a reasonable time to make sure that the fire does not rekindle, to search for additional fires, and to ventilate the building. Clifford, at 293 n. 4; Steigler v. Anderson, 496 F.2d 793, 795-96 (3d Cir.), cert. denied, 419 U.S. 1002 (1974); State v. Olsen, 282 N.W.2d 528, 531 (Minn. 1979). Bell's attorney even concedes that the fire fighters "were permitted to be where they were when they found the plants." Thus, exigent circumstances justify the fire fighters' presence not only in Bell's residence but also in his attic.</div><div></div><div></div><div>The discovery was also inadvertent. The fire fighters had the duty to ensure the fire was fully extinguished and would not rekindle. The fire fighters had to check the attic's condition because the wall beneath it had been burned up to the ceiling. The duty to investigate became even more compelling when they saw the extent of the smoke in the attic. The fire fighters had not exceeded the scope of these duties when they happened upon the marijuana-growing operation.</div><div></div><div></div><div></div><div></div><div></div><div></div><div>Finally, the fire fighters were immediately aware that they had evidence before them. The purpose of this immediate knowledge requirements is so that "the `plain view' doctrine may not be used to extend a general exploratory search from one object to another until something incriminating at last emerges." Coolidge v. New Hampshire, 403 U.S. 443, 466, 29 L. Ed. 2d 564, 91 S. Ct. 2022 (1971). The fire fighters did not engage in this type of extended search. All that is required to satisfy the "immediate knowledge" *198 element is a reasonable belief that evidence is present.[2]State v. Lair, 95 Wn.2d 706, 716-17, 630 P.2d 427 (1981); State v. Claflin, 38 Wn. App. 847, 853, 690 P.2d 1186 (1984), review denied, 103 Wn.2d 1014 (1985). One of the two fire fighters who first entered the attic testified that "I suspected that [the plants] were chances are they were marijuana." The assistant marshal testified that "[t]his appeared to be a marijuana-growing operation to me." The third element is met in the present case.[3]</div><div></div><div></div><div>Bell contends, however, that we should hold the present seizure unconstitutional because there was plenty of time to obtain a search warrant after the operation was discovered. Bell argues that warrantless seizures should be held constitutional only if exigent circumstances exist throughout the duration of the search and seizure. Courts in this state, however, have time and again recognized that exigency is not a necessary element to a "plain view" seizure. State v. Lair, at 716; State v. Marchand, 37 Wn. App. 741, 749, 684 P.2d 1306 (1984), rev'd on other grounds, 104 Wn.2d 434, 706 P.2d 225 (1985); State v. Johnson, 17 Wn. App. 153, 159, 561 P.2d 701, review denied, 89 Wn.2d 1001 (1977). A search can be upheld under the plain view doctrine in the absence of exigent circumstances, as long as the doctrine's first element is satisfied. Lair, at 716. In other words, exigent circumstances are merely one factor to be considered in determining if the seizing officers' intrusion was justified. Lair, at 716.</div><div></div><div></div><div>In sum, because all three elements of the plain view doctrine have been met, no warrant was required for the fire fighters to seize the evidence.[4] Because the plain view doctrine is formulated identically under the state and federal constitutions, we hold that neither constitution required the fire fighters to get a warrant.[5]</div><div></div><div></div><div>Bell next argues that the sheriff's officers needed a warrant to enter the residence and to seize the property found by the fire fighters because they constituted a separate state agency. A handful of Fourth Amendment cases have analyzed this issue. The majority of those cases holds that the warrant is not needed because the defendant no longer has a reasonable expectation of privacy for that area of the residence where one officer is already present. See United States v. Green, 474 F.2d 1385 (5th Cir.) (warrant not necessary when secret service agent entered residence to take custody of counterfeiting plates found by deputy fire marshal investigating the cause of a fire), cert. denied, 414 U.S. 829 (1973); Steigler v. Anderson, 496 F.2d 793 (3d Cir.) (warrant not necessary when police officers seized evidence of arson found by a deputy fire marshal during a warrantless investigation which occurred during and immediately after a fire was extinguished), cert. denied, 419 U.S. 1002 (1974); United States v. Gargotto, 476 F.2d 1009 (6th Cir.1973) (warrant not necessary when records of betting activity were microfilmed by IRS agents 2 days after they had been seized by an arson investigator and a police officer); United States v. Brand, 556 F.2d 1312 (5th Cir.1977) (no warrant required when police officers entered house after another police officer had helped handle an emergency drug overdose and the second group of police officers observed evidence which formed the basis for a subsequent search warrant), cert. denied, 434 U.S. 1063 (1978).</div><div></div><div></div><div>The only case supporting Bell's position that the second agency needs a warrant is United States v. Hoffman, 607 F.2d 280 (9th Cir.1979). Hoffman conflicts directly with the majority of the cases in that it holds that a reasonable expectation of privacy remains in areas where fire fighters *201 have entered. "[N]o citizen should reasonably expect that ... any sort of public officer may thereafter invade his home for purposes unrelated to the initial intrusion." Hoffman, at 285.</div><div></div><div></div><div>[2] We find the rationale of the majority cases persuasive and we reject the Hoffman analysis. Once the privacy of the residence has been lawfully invaded, it is senseless to require a warrant for others to enter and complete what those already on the scene would be justified in doing. See Green, at 1390; Steigler, at 798. We hold that where fire fighters have lawfully discovered evidence of criminal activity under the plain view doctrine, it is not necessary for sheriff's officers to obtain a warrant before entering a residence to seize the evidence.</div><div></div><div></div><div>There are, of course, limits on the actions of the police. When the police enter the residence, they are not allowed to exceed the scope of the fire fighters' earlier intrusion.[6]See Green, at 1390. In essence, they step into the shoes of the fire fighters. They cannot enter any area that the fire fighters were not justified in entering, nor seize any evidence that the fire fighters were not justified in seizing. In the present case, the sheriff's deputies did not exceed their permitted scope of activity. They entered the residence, seized the property already discovered by the fire fighters, and did no more. Their warrantless seizure was valid under the Fourth Amendment.[7]</div><div></div><div> dd2b598166</div>