Court Says Cops Can’t Search People’s Garbage Without A Warrant

A search is a search, even when the intrusion is minimal. The court cites the US Supreme Court’s Jones decision, which said the warrantless placement of a tracking device on a vehicle was a trespass.

Here, Heinz testified he opened the garbage to “obtain information about what Mr. Wright may have been doing inside [his] house” and obtain evidence “related to drug activity.” A constitutional search occurs whenever the government commits a physical trespass against property, even where de minimis, conjoined with “an attempt to find something or to obtain information.”

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via CrimProf Blog

June 25, 2021 at 11:50AM