Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone

Tag Archives: search and seizure

Texas Supreme Court Upholds Police Entry Into Premises At Fire Department’s Request

When a firefighter, in the line of duty, asks law enforcement for a safety check after seeing drug paraphernalia, guns, and flammable liquids in an apartment, is the officer's entry into the apartment reasonable under the Fourth Amendment? Today the Texas Supreme Court said yes.

Cellphone Searches and Stipends

Today’s burning question: My fire department gives firefighters a stipend of $125 dollars a year to cover the costs of various text messages they send us and any work related calls we make/receive. Does this give the department the right to search our personal phones? Answer: No, a simple stipend would not – in and of itself – authorize a fire department to “search” someone’s cellphone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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