IC Regarding Arson Investigator and Carry

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  • Somemedic

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    Gents, usually my Google prowess is pimp rated but in this case the key words used aren't yielding fruit.

    I'm currently looking for an IC that specifically mentions fire marshal can carry on duty... it may not say marshal but fire or arson investigatior. It may also mention something about arrest powers but that's not really the part I'm interested in. An investigation class is coming up in my area and I'm curious if I can't convince my chief that carrying isn't necessarily a bad idea.

    Your help is greatly appreciated
     

    Denny347

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    Hmmm, interesting. I know that IFD sends their arson guys to parts of our police academy in order to be "special police" with arrest powers. I do not know the code.
     

    T.Lex

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    Yeah, as I recall, arson investigators were kinda 'deputized' by the police for police powers. I believe extra training was involved.
     

    HoughMade

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    "Marshals" is listed...too lazy to see if they more specifically defined "Marshals" in a way that excluded a "Fire Marshal"....probably.
     

    Tandem160

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    I was an township Arson Investigator for awhile. A couple of us went thru a MCSD Special Deputy school to get arresting authority. This was in the '80's. We were considered as on-duty at all times in order to carry at all times.
     

    Kirk Freeman

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    I'm currently looking for an IC that specifically mentions fire marshal can carry on duty

    Not tracking.

    Are you asking if fire marshals are exempt from the LTCH? Or, is there a statute as to fire marshals and carrying firearms?

    Can you restate this?
     

    Somemedic

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    I thought.... somewhere I had seen an IC that expressly stated that arson investigators operated under the office of the state fire marshal (36-17-8 I think) and that they were granted arrest powers and could also carry as part of their duties.

    Sorry Kirk... I was looking for the IC outlining firefighter carry. Yes, Destro... along those lines of in the course, so to speak.

    Gents, please don't take offense. With that.... I'm not looking for opinions of firefighter carry but a specific IC.
     

    Kirk Freeman

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    Sorry Kirk... I was looking for the IC outlining firefighter carry.

    I am unaware of such a statute.

    The statute under 36-8-17-1, et seq. allows the fire department to investigate fires (searches, assisting Prosecuting Attorney, etc.) but I am unaware of any provision that even speaks to firefighters carrying firearms.
     

    sloughfoot

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    15 years or so ago, a Ft Wayne fireman (arson investigator) went through the Ft Wayne Police Reserve Academy and became an active Reserve in order to be armed and to have arrest authority for his full time job.. I was his Captain and he was a fine Reserve Officer and Arson Investigator for the City.

    It merely streamlined the charging process. Prior to his Police Commision, He could make a case, but would have to present to the Detective bureau his facts for the charging information and arrest. He was a witness or the CP, not the charging Officer.

    I decline to name him, but it was a long time ago. Things might have changed since then.
     
    Last edited:

    Cozy439

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    All of FWFD's current, assigned fire investigators go thru FWPD academy or ILEA. What Sloughfoot stated was correct. Full police powers. Armed. Arrest powers. Etc. Sorry, this still didn't answer the Q about the IC cite.
     
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    Just because I love Necrothreads, you might look at DHS Fire Investigations web page https://www.in.gov/dhs/fire-and-building-safety/fire-investigations/

    About the Fire Investigations Section​


    The Fire Investigations Section is part of the Division of Fire and Building Safety of the Indiana Department of Homeland Security (IDHS). Division fire investigators are authorized by the Indiana State Fire Marshal to conduct investigations pursuant to Indiana codes 22-14-2-4 and 22-14-2-8. All investigators are certified in fire and explosion investigation through IDHS as well as other professional associations such as the International Association of Arson Investigators (IAAI) and the National Association of Fire Investigators (NAFI). They are sworn law enforcement officers and can exercise police powers, including the ability to make arrests, conduct searches or seizures of people or property, and carry firearms.
     
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    Just because I love Necrothreads, you might look at DHS Fire Investigations web page https://www.in.gov/dhs/fire-and-building-safety/fire-investigations/

    About the Fire Investigations Section​


    The Fire Investigations Section is part of the Division of Fire and Building Safety of the Indiana Department of Homeland Security (IDHS). Division fire investigators are authorized by the Indiana State Fire Marshal to conduct investigations pursuant to Indiana codes 22-14-2-4 and 22-14-2-8. All investigators are certified in fire and explosion investigation through IDHS as well as other professional associations such as the International Association of Arson Investigators (IAAI) and the National Association of Fire Investigators (NAFI). They are sworn law enforcement officers and can exercise police powers, including the ability to make arrests, conduct searches or seizures of people or property, and carry firearms.
    I am an FI and have heard both sides. Yes you can, no you can’t. It’s also I believe department SOP.
     

    Somemedic

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    I am an FI and have heard both sides. Yes you can, no you can’t. It’s also I believe department SOP.
    Not a fan of simple department SOP. This should come from the office of the State Fire Marshall.

    Some fire chiefs want investigations completed in some rough neighborhoods. If you're by yourself you should be able to protect yourself as well. Some fire chiefs might be behind the idea while other chiefs would change the policy when they took office.

    I have no issue with taking the prebasic class and other qualifications. I think most would enjoy it. I believe we would also fall under LEOSA iirc.
     
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