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Invisibleveggie

Registered: 07/26/04
Posts: 13,985
Police garbage can searches ruled illegal [OR]
    #3993338 - 03/31/05 02:26 AM (12 years, 6 months ago)

Police garbage can searches ruled illegal
March 30, 2005
katu.com

SALEM, Ore. (AP)- The right to privacy is not abandoned when people set out their garbage for collection, the state Court of Appeals ruled Wednesday.

Defendants in two separate cases had argued that police illegally searched trash can contents.

In one case, Portland police acting on tips hauled away and searched the garbage of fellow officer Gina Hoesly of Gresham in March 2002 and found evidence of several illegal drugs.

She was charged with possessing cocaine, methamphetamine and Ecstasy and pleaded innocent. Multnomah County Circuit Judge Jean Maurer ruled that officers illegally seized the trash and that it couldn't be used as evidence.

In the other case, state police in July 2001 found a small amount of marijuana in garbage they had taken from a can at the home of Thad and Amy Galloway of Clatskanie.

Officers then got a search warrant and found a marijuana growing operation and methamphetamine at the house and charged them with drug crimes.

Also in that case, Columbia County Circuit Judge Berkeley Smith ruled that the police violated constitutional protections against unreasonable searches.

Police in both cases did not obtain warrants to search the trash cans, which had been set out for pickup by garbage companies.

Prosecutors argued that once people put out their garbage for curbside collection, they have given up any legally protected "privacy or possessory interests" in it.

The appeals court disagreed, saying the defendants put their garbage cans "in a particular place in order to facilitate a limited purpose ... pickup and disposal by a designated collection company."

The unanimous three-judge panel added: "Defendants did not implicitly authorize anyone else to paw through their garbage and view or take items of garbage."


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OfflinemotamanM
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Re: Police garbage can searches ruled illegal [OR] [Re: veggie]
    #3993563 - 03/31/05 03:53 AM (12 years, 6 months ago)

Quote:

In the other case, state police in July 2001 found a small amount of marijuana in garbage they had taken from a can at the home of Thad and Amy Galloway of Clatskanie.

Officers then got a search warrant and found a marijuana growing operation and methamphetamine at the house and charged them with drug crimes.

Also in that case, Columbia County Circuit Judge Berkeley Smith ruled that the police violated constitutional protections against unreasonable searches.

Police in both cases did not obtain warrants to search the trash cans, which had been set out for pickup by garbage companies.







This happened to me about 10 years ago .. The police claimed they found seeds in my trash. Nearly impossible when I never put my residuals in the trash. They got a judge to sign a search warrant for my house. They walked in the door handed me the search warrant. I placed the search warrant on my console television conviently covering my weed and bowl. Dogs apparently aren't trained to sniff above. They found only another pipe and charged me for that only to be thrown out. I would like to see if this ruling will stand and be used as precedent in other courts. Most likely not.


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InvisibleJoshua
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Registered: 10/27/98
Posts: 5,389
Loc: The Matrix
Re: Police garbage can searches ruled illegal [OR] [Re: veggie]
    #3997050 - 03/31/05 08:47 PM (12 years, 6 months ago)

I tell you, these judges are all fucked up. As I see it, there is not an expectation of privacy when you put your trash out on the sidewalk.

I still don't want the police to have the rights to search my garbage, but I think the appeal judge made a wrong call according to law.

This appeal is in opposition to the Federal? ruling allowing the search of the outside of vehicles with drug sniffing dogs without probable cause.

I wish they would get on one page with each other so that justice is determined by the same laws.

Joshua


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Invisiblederx
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Re: Police garbage can searches ruled illegal [OR] [Re: Joshua]
    #3997272 - 03/31/05 09:40 PM (12 years, 6 months ago)

Quote:

Joshua said:

ruling allowing the search of the outside of vehicles with drug sniffing dogs without probable cause.




i think that is two totally different things. Garbage should not be treated any differently than any other personal property, especially when used in the way they are trying. The dog thing is totally different, this would be comparable to just outright searching a car parked on the side of the road without a dogs positive indication. I do believe when a dog positively identifies a parked car on the street a warrent is still needed. This was unwarranted, illegally searched. If however, a dog was used, a warrent could then be granted and searched legally.

Just my look on the circumstance.


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OVERGROW the government!!

it's not a war on drugs, it's a war on personal freedom, ok, thats what it is.


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InvisibleShroomOmatic
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Re: Police garbage can searches ruled illegal [OR] [Re: Joshua]
    #3997384 - 03/31/05 09:59 PM (12 years, 6 months ago)

Thats a major invasion of privacy.  :thumbdown:


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Offlinelackobreath
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Registered: 01/27/05
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Re: Police garbage can searches ruled illegal [OR] [Re: veggie]
    #3998165 - 04/01/05 01:11 AM (12 years, 6 months ago)

here i put my garbage in a container owned by the garbage company, out onto a street that I do not own or control. thus i expect no privacy for my trash...no one should expect your trash to be private...if you want that trash to be private then you better just keep that shit to yourself. but you don't want to do that, so that's why you get rid of it. if you leave anything in your trash that can hurt you then you're a fool, IMO, whether it be bank account statements, receipts with copies of your signature/credit card number, evidence of illegal activities, etc.


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Invisiblederx
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Re: Police garbage can searches ruled illegal [OR] [Re: lackobreath]
    #3998633 - 04/01/05 04:54 AM (12 years, 6 months ago)

we aren't talking about what you should and shouldn't do. we are talking about what police should and shouldn't do. I too am very careful with ANYTHING i throw away.


--------------------
better living through chemistry

OVERGROW the government!!

it's not a war on drugs, it's a war on personal freedom, ok, thats what it is.


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OfflinemotamanM
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Re: Police garbage can searches ruled illegal [OR] [Re: lackobreath]
    #4002875 - 04/02/05 12:28 AM (12 years, 6 months ago)

Quote:

here i put my garbage in a container owned by the garbage company, out onto a street that I do not own or control





If I remember correctly that precedent was a result of police waiting until the garbage was put in the garbage truck.Becoming not personal anymore allowing for unwarranted searches, and mail or other personals in a bag proving ownership. Leading to skipping the waiting to be put on the truck because eventually it would and should be expected..


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