PORTLAND – Volunteer firefighters did not violate an Alfred man’s constitutional rights when they entered his house after receiving a report of an explosion, a federal judge has ruled.
The firefighters discovered several pipe bombs and about 100 marijuana plants in Robert Infante’s basement on June 25.
That evidence is the core of the government’s case against Infante pending in U.S. District Court.
Infante claimed that the search of his house on Avery Road was illegal. At a hearing last month, his lawyer asked Magistrate Judge John Rich to rule the evidence inadmissible in Infante’s upcoming trial.
Infante also wanted the judge to toss out statements he made to investigators while he was hospitalized for wounds caused by the explosion.
Rich ruled against Infante on both requests. Firefighters had the right to enter Infante’s house to check on the source of the explosion, the judge ruled in his 31-page decision filed Tuesday.
“In the circumstances, firefighters reasonably perceived an emergency — an urgent need to enter the house to determine the origin of the explosion and to satisfy themselves that it presented no further danger,” Rich wrote.
Prosecutors are free to use Infante’s statements as well because they were voluntary and because investigators repeatedly reminded him that he was under no obligation to speak with them.
Infante called 911 on the morning of June 25 to report that a small propane tank had exploded and his left hand was injured. He asked for an ambulance, but later told the dispatcher that he would drive himself to the hospital.
He was pulling out of Avery Road when an ambulance approached. Infante got out and told the paramedic that he had been filling a butane lighter when it exploded, blowing off part of his left middle finger. He opted to drive himself to Southern Maine Medical Center in Biddeford.
In the meantime, several firefighters arrived at Infante’s home. They entered the house and found about 12 pipe bombs in various stages of completion, plus a marijuana growing operation.
Maine State Police and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives searched the home and Infante’s car, seizing another five pipe bombs.
According to a court affidavit by ATF agent Paul McNeil, Infante told an investigator that he has a fascination with pipe bombs, and that he injured himself when he dropped a bottle filled with explosive powder.
He faces charges of marijuana manufacturing, possession of a destructive device, possession of a destructive device in relation to drug trafficking, possession of a firearm in relation to drug trafficking, and being a convicted felon in possession of a firearm. No trial date has been set.
Staff Writer Trevor Maxwell can be contacted at 791-6451 or at: tmaxwell@pressherald.com
Send questions/comments to the editors.
