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COM. v. SMITH

331 Pa.Super. 66 (1984)

479 A.2d 1081

COMMONWEALTH of Pennsylvania, Appellant, v. Walter T. SMITH, Appellee.

Supreme Court of Pennsylvania.

Filed August 10, 1984.

Petition for Allowance of Appeal Granted January 22, 1985.

Attorney(s) appearing for the Case

Laurence M. Kelly, District Attorney, Montrose, for Commonwealth, appellant.

Robert A. Mazzoni, Scranton, for appellee.

Before CAVANAUGH, WIEAND and CIRILLO, JJ.

WIEAND, Judge:

Where darkness, residual heat and dripping water make it difficult, if not impossible, to investigate the cause of a residential fire on the same night that the fire has been extinguished, may a fire marshall return the following morning and continue his investigation without a search warrant? The trial court held that he could not reenter the fire-damaged building without a warrant and, therefore...

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