Write 2 page essay on the topic Advanced Criminalistics: Michigan v Tyler.
Webb was the police investigator who arrived for the task. He took some photographs of the jugs and left after the investigation was interrupted by darkness and smoke. The investigator returned in the morning and obtained new evidence of fuel trails on the carpet. The Michigan Arson Squad took photographs and examined various places in the store including circuit breaker and furnace. The TV was also inspected and a piece of fuse was located. The Arson squad also established the type of furniture that was in the store when the fire occurred. During trial, an employee said that he helped in removal of valuable furniture and replacement with old ones. Tyler also testified that the fire would occur.
The testimonies and trials were used against the respondents and it was found that the respondents conspired to burn real property. However, the supreme court of Michigan State reversed the convictions and held that once the fire has been extinguished and the firefighters had left the house, a search warrant was required to search the house, unless consent has been established or the premise has been abandoned. According to the 4th amendment, a burning building is an emergency and does not require a warrant order to be investigated (Bookamer et al, 1983). However, if reasonable time has elapsed and further entry is required, the investigator must obtain consent, criminal search warrant and/or administrative search warrant.
From the description above, it is clear that the investigators did some things wrong. First, the police investigator was wrong to conduct an examination of the building without a search warrant because the firefighters had extinguished the fire and there was no longer a state of emergency that required an examination without warrant. Furthermore, when the investigators were halted by darkness and smoke, a reasonable period of time had passed before they came back again for examination of the premise. Therefore, they