CA1: Even a small gas explosion in a house with injury justifies firefighter entry

Defendant called 911 because of a small propane tank exploding, severing the tip of his finger and cutting him. The 911 dispatcher did not limit the size of the tank, and firefighters responded. Through a window they could see blood and heard the sound of running water. Defendant had cuts on his chest, too, and he explained the explosion. While the explosion was not great, based on all the firefighters knew, an entry was justified, and marijuana plants and pipe bombs were in plain view. United States v. Infante, 701 F.3d 386 (1st Cir. 2012):

Based on these facts, the firefighters had a reasonable basis, approximating probable cause, both to believe that there was an emergency and to associate the emergency with the inside of Infante’s residence. Infante’s reports of an explosion involving volatile gas, whether propane or butane, coupled with his significant wounds that were consistent with the occurrence of an explosion, caused the firefighters to reasonably perceive an emergency — the prospect of a secondary explosion resulting from escaping gas. Under these circumstances, the danger of a secondary explosion is akin to that of a rekindling fire that the Supreme Court identified in Tyler as a continuing danger that justified fire officials’ remaining in a building for a reasonable time after extinguishing a fire in order to promptly investigate its cause. See Tyler, 436 U.S. at 510; see also Michigan v. Clifford, 464 U.S. 287, 293 (1984) (“Because determining the cause and origin of a fire serves a compelling public interest, the warrant requirement does not apply in such cases.”). Indeed, relying in part on the Court’s reasoning in Tyler, a number of our circuits have held that the presence of potentially explosive chemicals can justify warrantless entry into a home. …