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Offlinewindex
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Registered: 06/27/01
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Trash is private property.
    #1967799 - 09/30/03 11:45 PM (13 years, 2 months ago)



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OfflinemotamanM
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Re: Trash is private property. [Re: windex]
    #1967881 - 10/01/03 12:08 AM (13 years, 2 months ago)

Tuesday, September 30, 2003

Court rules garbage is presumed private

By KATHARINE WEBSTER, The Associated Press


CONCORD ? A divided state Supreme Court ruled Monday that garbage is private, even when it is placed near the street for collection.

The 4-1 ruling contradicts decisions by the U.S. Supreme Court and high courts in most other states. But the majority of the court said New Hampshire?s constitution provides a stronger expectation of privacy than the federal constitution.

The decision came in a marijuana possession case in which police searched an Enfield man?s trash twice and found wire scrapers coated with marijuana residue.

Based on that evidence and their observation that John Goss appeared to have a plant grow-light in his window, the police got a warrant to search his home, where they seized some marijuana and three pipes.

Goss appealed, saying it was illegal for police to search his garbage without a warrant.

The high court agreed, and ordered a lower court judge to decide whether the search warrant for Goss? home could have been obtained without the illegal evidence from the trash. Goss argued it could not.

?Personal letters, bills, receipts, prescription bottles and similar items that are regularly disposed of in household trash disclose information about the resident that few people would want to be made public,? Justice Joseph Nadeau wrote.

?Nor do we believe that people voluntarily expose such information to the public when they leave trash, in sealed bags, out for regular collection,? the ruling said.

Justice John Broderick dissented, citing a 1988 U.S. Supreme Court ruling that it was unreasonable for people to expect their trash to remain private, given that ?plastic garbage bags left on or at the side of a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public.?

In that decision ? which also was split ? a majority of judges on the nation?s highest court concluded ?the police cannot reasonably be expected to avert their eyes from evidence of criminal activity that could have been observed by any member of the public.?

But the state court majority sided with a dissenting justice in that case who argued, ?The mere possibility that unwelcome meddlers might open and rummage through the containers does not negate the expectation of privacy in their contents any more than the possibility of a burglary negates an expectation of privacy in the home.?

Chris Johnson, a criminal law professor at Franklin Pierce Law Center and head of the state?s appellate defender program, said he thought the court made the right decision, although there were strong arguments on both sides.

?It all comes down to a value and policy choice the court makes,? he said.

?It?s a question of what expectations should society honor and what should they not honor. I don?t think that question should be answered completely by how easy it is to get access.?


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OfflineJackal
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Re: Trash is private property. [Re: motaman]
    #1968523 - 10/01/03 03:45 AM (13 years, 2 months ago)

I thought it was a known fact that trash remains private property until it enters the back of the truck. Where the police don't need a warrant to search.

Something like that anywayz.


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OfflineSeussA
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Re: Trash is private property. [Re: motaman]
    #1968861 - 10/01/03 09:23 AM (13 years, 2 months ago)

> A divided state Supreme Court ruled Monday that garbage is private, even when it is placed near the street for collection.

I don't care which way it goes, but it has to be fair. The cops cannot have it both ways. If the trash on the curb is public domain, then the trash no longer belongs to a person and nothing in the trash can be held against a person. I certainly do not keep track of my trash, or what other people throw away in my trash bin.

If the trash is not public domain, but belongs to me, then the cops must get a search warrant if they want to seach it. They have to get a warrant to search anything else on my property, why not my trash as well?



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Anonymous

Re: Trash is private property. [Re: Jackal]
    #1969204 - 10/01/03 12:58 PM (13 years, 2 months ago)

nope, it's always been that once it's out on the curb, it's no longer private property... which is ridiculous i think.

i applaud these rulings.

?Personal letters, bills, receipts, prescription bottles and similar items that are regularly disposed of in household trash disclose information about the resident that few people would want to be made public,? Justice Joseph Nadeau wrote.

?Nor do we believe that people voluntarily expose such information to the public when they leave trash, in sealed bags, out for regular collection,? the ruling said.

EXACTLY.

why our tax dollars are paying for police to sift through trash looking for roach clips, when they should be out FIGHTING CRIME, is beyond me.


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OfflineSeussA
Error: divide byzero

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Re: Trash is private property. [Re: ]
    #1969279 - 10/01/03 01:47 PM (13 years, 2 months ago)

> why our tax dollars are paying for police to sift through trash looking for roach clips, when they should be out FIGHTING CRIME, is beyond me.

What is easier, sifting through some stoners trash looking for a roach or going out into the thick of the shit looking for people that are doing bad things? They are simply being lazy and following the path of least resistance...


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OfflineDailyPot
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Registered: 11/17/02
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Re: Trash is private property. [Re: Seuss]
    #1984056 - 10/06/03 04:10 PM (13 years, 2 months ago)

Quote:

Seuss said:
I don't care which way it goes, but it has to be fair. The cops cannot have it both ways. If the trash on the curb is public domain, then the trash no longer belongs to a person and nothing in the trash can be held against a person. I certainly do not keep track of my trash, or what other people throw away in my trash bin.





Exactly, I've always said this but never heard anyone else have the arguement. If its public then it should not be able to be used against you. If anyone can have access to it then whos to say w/e they found in the trash was yours?


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