State v. Bernier

In this case, the officers legally seized, under statutory authority, burned floorboards at a fire scene open to the public authorities to fight a fire and determine the fire’s origin forthwith.

Where evidence is so legitimately in the hands of the police, there is no reason under the federal or state constitution that reliable and highly relevant evidence of laboratory testing should be barred in the prosecution of any crime. In this case, the officers removed the floorboards pursuant to their explicit and valid statutory authority to investigate and quickly determine the origin of a fire.…