Commonwealth v. Hazelwood

Kentucky Court of Appeals · 1998 · Criminal Law

Criminal LawFourth AmendmentWarrantless Search and SeizurePlain Viewplain viewfirefighterswarrantless seizurecontraband

Facts

Hazelwood unintentionally started a kitchen fire in his home, and firefighters entered to extinguish it and then performed overhaul to ensure the fire had not spread and was controlled. During overhaul, a firefighter inadvertently saw a substance he believed to be marijuana in an open kitchen drawer and notified a superior, who called a police officer back into the house. The officer seized the suspected marijuana and nearby sandwich bags and a digital scale, then advised Hazelwood of his rights. Hazelwood then produced additional marijuana from his person and signed consent forms for further searches of his home and car, which yielded more marijuana, crack cocaine, and drug paraphernalia.

Issue

May a police officer, without a warrant, enter a home and seize contraband that firefighters inadvertently discovered in plain view while legitimately performing firefighting duties after a fire?

Rule

When firefighters are legitimately on the premises and inadvertently discover evidence or contraband in plain view during the performance of their duties, a police officer may be called in to make the actual seizure without a warrant. The officer's entry and seizure must be strictly limited: the firefighters must be lawfully present; the discovery must be inadvertent; police must enter only at the firefighter's request; the seizure must be limited to the evidence or contraband in plain view and inadvertently discovered by the firefighter; no further search or seizure may be conducted; and the seizure must occur within a reasonable time.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

A townhouse in Louisville catches fire late at night. Firefighters lawfully enter, extinguish the blaze, and during overhaul, Dana Ortiz accidentally sees several bags of white powder sitting openly on a basement workbench; she radios her captain, who asks Officer Evan Pike to come inside immediately. Pike enters and takes only the bags from the workbench.

Is the warrantless seizure most likely lawful?

Explanation. The majority rule permits a police officer to make the actual warrantless seizure of contraband inadvertently discovered in plain view by firefighters who are legitimately on the premises. The officer's entry must be at the firefighters' request, and the seizure must be strictly limited to the items they discovered, with no further search. Those conditions are satisfied here. (Derived from Commonwealth v. Hazelwood (n.d.).)