Was the initial entry into the warehouse justified as a fire inspection exigency, allowing the introduction of the marijuana to convict O'Keefe?
On a July evening a power line running between a power pole and a metal warehouse, which O'Keefe rented, was arcing and sparking. Melting wire from the power line caused molten metal to drip onto the ground, which ignited a grass fire approximately 10 feet from the warehouse. Fire officials responded and, after the grass fire was contained, the captain of the fire department arrived. The captain determined that an electrical problem inside the warehouse could have caused the power line to arc and spark and that such an electrical problem could have caused a fire inside. There were no visible signs that the warehouse was on fire, but the captain was unable to see inside the building because the windows were blackened. The fire captain also concluded that an electrical problem inside could again cause the power line to arc and spark, allowing another fire to ignite once electricity was restored to the warehouse. The captain therefore concluded that it was necessary to enter the warehouse to inspect the circuits. A firefighter entered the warehouse through a second floor window and noticed drying marijuana plants and the odor of marijuana. Once the captain could see marijuana plants he notified the police. Responding police secured the warehouse and obtained and executed a search warrant.
What will be an ideal response?
YES
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