Michigan v. Clifford (1983)
- Docket
- 82-357
- Decided
- 1983-01-01
Summary
Question: Does the Fourth Amendment allow for arson investigators to inspect the scene of a recent fire without a warrant in the absence of exigent circumstances and consent? Conclusion: No. Justice Lewis F. Powell, Jr. delivered the judgment of the court in an opinion for a four-justice plurality. The Supreme Court held that that a reasonable expectation of privacy remains within a burned building. While the fire department does not need a warrant to fight the fire, any further official presence on the property must have a warrant. Whether the search is to identify the cause of the fire or to look for evidence of criminal activity will determine the type of warrant the fire department needs to obtain and the requirements for doing so. In the case of the fire at the Clifford home, both searches occurred but without the appropriate warrants. The Court also held that there were no exigent circumstances that prevented the investigators from obtaining the warrants. Justice John Paul Stevens wrote an opinion concurring in judgment where he argued that once the emergency that has granted the fire fighters authority to enter the premises has ended, the Fourth Amendment requires that notice be given to the property owners before entry. He also argued that if there is probable cause to suspect a crime has occurred, a warrant is required to conduct a search. In his dissenting opinion, Justice William H. Rehnquist argued that the fire fighters initially at the scene suspected arson because an investigator was called, which means the investigation and the fighting of the fire were happening simultaneously. The inspection by the fire investigator was a continuation of one that began when the fire fighters were legally on the premises. He also argued that the public interest in investigating the cause of a fire outweighs the property owner’s right to privacy. Chief Justice Warren E. Burger, Justice Harry A. Blackmun, and Justice Sandra Day O’Connor joined in the dissent.