What the fire service needs to know about warrantless search
Every day, firefighters respond to calls that require them to enter people’s homes. Occasionally, these entries lead to the discovery of illegal activity. What happens to evidence discovered in this way was the subject of U.S. v. Infante, U.S. Court of Appeals, First Circuit, No. 11-2156 (2012).
Court weighs free speech against threats to firefighter safety
First Amendment cases most frequently arise internally, such as when a fire department member is critical of department management publicly. However, sometimes cases occur when a member of the public claims that remarks directed at fire personnel are protected speech.
Law of Unintended Consequences
Have you ever felt like things just won’t turn out right, no matter what you do? The city of New Haven, Conn., must think so.
Where it Has Happened
Criminal charges relating to structure fires tend to be rare and randomly scattered throughout the country.
U.S. Not Likely to See Similar Prosecutions
The instances where criminal liability has resulted have tended to arise primarily in the wildland-fire arena. In contrast, criminal charges related to structure fires tend to be rare and randomly scattered throughout the country.
Charges Arise in Wildland Sector
The incident commander in the Cramer Fire was not actually present on the fireground as the Thirtymile Fire supervisor was, yet he still was criminally charged with the deaths of the two firefighters.
Anonymous Complaints Get Juvenile Retaliation
The case of Shanks v. Village of Catskill shows that while the government enjoys significantly greater latitude when it acts in its capacity as employer, the First Amendment nonetheless prohibits it from punishing its employees in retaliation for the content of their protected speech.
2010 Decade Forecast: Volunteer Issues
Forecasting the future of the volunteer fire and emergency services is no easy task, nor is it an exact science, but there are several trends and challenges within the volunteer sector now that indicate what the future may hold.
Forewarned is Forearmed
Don't rely on the protection of the Good Samaritan law, even as a volunteer of an organization providing EMS.
What's in a Word? Court Says Everything
The legislature was aware of the broad definition the court had been giving to the term "nuisance," and made a conscious choice to substitute the word "obstructions" to limit municipality exposure.
Random Firing Not Against Due Process
The court pointed out that … the state’s obligation under the due-process clause is only to provide sufficient remedies after its occurrence, rather than to prevent it from happening.
