42P-Vehicle Fires 2019 - Laserfiche WebLink

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Policy & Procedure Page 1 of 5 Lexington Police Department Subject: Vehicle Fires Policy Number: 42P Accreditation Standards: Reference: Effective Date: 12/1/10  New  Revised Revision Dates: 1/24/19 By Order of: Mark J. Corr, Chief of Police The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the Massachusetts Chiefs of Police Association. MPI provides training and model policies and procedures for police agencies. This policy is an edited version of MPI Policy 2.14, “Vehicle Fires.” GENERAL CONSIDERATIONS AND GUIDELINES The Lexington Fire Department and the Massachusetts State Fire Marshal’s Office are the primary investigators when dealing with a fire or explosion within the Town of Lexington. Although the Fire Department is the public agency responsible for the handling of fires the police also have an important part to play. After the flames of a burning motor vehicle are extinguished, the cause of such fire has to be determined. When a fire or explosion destroys or damages property, the Fire Department may initiate an investigation to determine if "carelessness or design" caused the fire or explosion. Often times the Police Department will assist fire personnel in the accomplishment of these goals. When an investigation seeks to determine the cause of a fire, investigators must adhere to Fourth Amendment standards. The process of determining the cause of such fire lends itself to certain search and seizure issues such as: • Whether a vehicle may be impounded pending the issuance of a search warrant to determine the cause of said fire; • Should a criminal or administrative search warrant be sought; and • Does the warrant type affect the scope of a search? It is the policy of the Lexington Police Department to:  Cooperate fully and impartially with statutory authorities whose responsibility is to determine the cause and nature of motor vehicle fires.  M.G.L.A. c. 148 s. 2 states that: “heads of fire departments in cities, towns or fire districts shall investigate the cause and circumstances of every fire or explosion in their respective jurisdictions by which property has been destroyed or damaged, especially to ascertain whether it was by carelessness or design.”