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  1. #1
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    Lightbulb arson crime, what makes it a state, local or federal jurisdicion case?

    What makes the local fire arson inspectors in charge of a fire and what grounds will that case be turned into a state or federal arson investigation?

    Any links with this info please post.

    Thank you

    Nick


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    Quote Originally Posted by FF2bNLA
    What makes the local fire arson inspectors in charge of a fire and what grounds will that case be turned into a state or federal arson investigation?

    Any links with this info please post.

    Thank you

    Nick
    For it to be a federal offense you must have interstate commerce nexus. Which means that the business must have dealings out of the state of offense. All other will be handled by the local investigators which are tried in state courts. If the fire occurrs in an area outside of a city limits then the state fire marshal will be called to investigate the origin and cause (at least in Texas, not counting the federal guidelines). Check the links in your other thread and check out the interfire thread. It should provide you with some good information.
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  3. #3
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    There doesn't always have to be an interstate commerce connection. Arson can also be a federal crime if it:

    - occurs in a US Territory

    - involves property owned or leased by the US government.

    - there is a racial motive

    - it involves religious property

    There are probably a few more too but these are specifically listed in Title 18.

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    In my experience, it has much to do with prosecutorial discretion. Also on case solvability. Take bank robberies for instance. It can go either way-state or federal. If the perp is caught on video with the gun and money in his possession, that is a federal prosecution. If not, it is a state prosecution.

    I recently was peripherally involved in a major natural gas explosion. The NTSB took jurisdiction because it was a "pipeline". It mattered not that the pipeline was 1" in dia. and was on private property and was a domestic service. It was on Fox News, dammit.

    Remember one thing, the only honest federal law enforcement agency that will work with the locals 100% of the time is the BATF. Any other alphabet agency isn't worth the powder it would take to blow them to hell.

  5. #5
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    turned into a state or federal arson investigation?

    I think the other guys addressed the Federal issues.

    In my state (CT) cause & origin is done by the local Fire Marshal...

    Once criminal activity is suspected, he'll involve law enforcement.

    There's all sort of scenarios -- a local FM may have someone walk up and tell him he lit the car on fire...and the local FM may just call over a local cop and the issue is done.

    The local FM can call in State Fire Marshal's Office on pretty much anything for their training / experience / technical capabilities to assist him in an origin & cause; all it's investigators are State Police Detectives who where Troopers first, then received specialized training. The State in turn will call in BATF when they need their expertise and technical capabilities.

    They may handle a simple criminal investigation with the State Fire Marshals alone; however serious or complex investigations they'll usually involve the local detectives & State Police Major Crime Squad. They'll work cooperatively -- the State Fire Marshals for their "fire" expertise, and the Major Crime Squad doing the gum-shoe work checking alibis, checking records, etc.

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    Any other alphabet agency isn't worth the powder it would take to blow them to hell.

    And even if you used the powder to blow them to hell...

    You still have left BATF around to investigate the bombing

  7. #7
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    Hey Dal:

    Just as an FYI the U.S. Attorney is very leary of doing anything with a fire in a religious facility. Again the term interstate nexus came around. I tried to get a fire in a church tried in federal court and the U.S. Attorney would not take the case because of guess what "interstate nexus". Ended up trying and convicting in state court. I do agree with you on the other details that you mentioned. I do agree with the ATF being the one to contact if you need assistance with any fire or explosive related incident. But we all know that someone else from alphabet city will show up if they think they can be in the spotlight.




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    Default ATF&E

    [QUOTE=BFDLT32]Hey Dal:

    the ATF being the one to contact if you need assistance with any fire or explosive related incident. But we all know that someone else from alphabet city will show up if they think they can be in the spotlight.


    If you need help Investigating a fire or explosion the ATF&E is the ones to call. If you need someone to hold a press conference call the other alphabet agency.

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