Which statement about the fire scene exception to the warrant requirement is false?

• A. The fire scene exception allows officers to secure and preserve evidence found at a fire scene without a warrant.
• B. Firefighters at a fire scene may observe evidence of a crime.
• C. Evidence at the scene may be photographed and documented.
• D. Firefighters may summon police into the fire scene only if a search warrant has been obtained.

Answer: (D)

The fire scene exception allows police to act without a warrant when a structure is burning or immediately at risk, so they can search for and preserve evidence while life-safety concerns are being addressed. Firefighters on the scene are performing their duties and may notice evidence of a crime; such observations can contribute to the investigation and may be photographed or documented to preserve the evidentiary record. The exception recognizes that evidence can be at risk of destruction in a fire, so investigators may secure the area and gather information without waiting for a warrant, provided they stay within the scope of preserving evidence related to the incident. The statement about needing a search warrant before summoning or allowing police into the scene is not accurate; firefighters can summon police and police may enter to secure the scene and assist with the investigation under the fire scene exception, with warrants pursued for broader or non-emergency searches as appropriate.