Does a police officer have a legal right to open trash can without a warrant?

[chuckp]

I saw something happen today that made me a little curious. An officer stopped by someones house to service a notice of a violation of some sort. No one was home and he put the violation notice on the door knob. Next he then proceeded to the rear of the house and lifted the lids on two trash cans and looked inside. Is this legal?

No big deal for me but one has to wonder.


Chuck

 

[GLOCKMAN23C]

Tagged for interest.

 

[printcraft]

I think on the curb is fair game but I'm not sure about curtilage.
I don't see how it could be considered in public if in the rear of the house.
IANAC.

 

[Cameramonkey]

Tagging for interest. It does seem curious. Though I bet he was probably just seeing if the place was occupied (recent trash) vs looking for evidence. Though I bet if he had found an empty bag with weed residue it may not be admissable.

 

[ruger1800]

Would be ok in a communist country

 

[chuckp]

To me it would seem by using of force to open it could be an issue.

For example: If one uses force to to move a closed or partially opened door and then crosses the threshold it is considered breaking and entering since force was used to move the door.

chuck

 

[HoughMade]

Not when the cans are still on the property and not out for collection.

 

[Fargo]

Off the top of my head, to do a trash pull at the curb in Indiana, the police have to have reasonable suspicion. To look through trash not yet taken to the curb, a warrant is normally required.'

Hell, in non-emergency circumstances the police generally aren't allowed to even go around to a back door.

 

[JollyMon]

I always take the trash to the curb as I see the trash truck coming, just to make sure no one is snooping in my stuff

 

[Suprtek]

While I can appreciate the officer's initiative, the cans are clearly on private property so the 4th amendment is obviously being violated here IMO.

 

[Fargo]

I always take the trash to the curb as I see the trash truck coming, just to make sure no one is snooping in my stuff

My trash is such a delightful blend of 30 or so poopy diapers, 5 gallons of BBQ ashes, rancid fat trimmings from whatever got run through the smoker, a gross quantity of priceless children's artwork, all drenched in rendered lard from the smoker's drip pan that the idea of someone trying to sort it actually brings a smile to my face...

 

[VUPDblue]

No idea why anyone would look through garbage like that. Not like anything found inside would be legally useful.

 

[Cameramonkey]

No idea why anyone would look through garbage like that. Not like anything found inside would be legally useful.

But knowing how recently trash was added might be useful strictly for "should I bother to come back later, or is the house unoccupied?"

 

[Manan]

Will need an attorney's opinion on this one. I am sure there are court cases that set legality.

 

[hoosierdoc]

Will need an attorney's opinion on this one. I am sure there are court cases that set legality.

See above... Houghmade and Fargo

 

[BehindBlueI's]

To me it would seem by using of force to open it could be an issue.

For example: If one uses force to to move a closed or partially opened door and then crosses the threshold it is considered breaking and entering since force was used to move the door.

chuck

There is no breaking and entering in IN. For Residential entry/burglary it's irrelevant if you touched a door or not.

 

[RobbyMaQ]

Should I be delivering my trash to local LEO's instead of paying a trash service? This is AWESOME!

 

[RobbyMaQ]

fwiw, back in the day, one top trick to hacking was digging through trash. Nowadays I'm sure everyone shreds (businesses anyways)

 

[chuckp]

There is no breaking and entering in IN. For Residential entry/burglary it's irrelevant if you touched a door or not.

I was told that was the definition of breaking and entering was by the use of force when someone broke into my house some years ago by an atty and the police. If the door was left open and they entered then it was trespass.


Im just trying to understand what defines crossing the line.

Chuck

 

[Snipercop]

I'm pretty sure that you give up your reasonable expectation of privacy when you put the trash out on the street. I would say it would be fair game. If the trash was not put out for collection, and was sitting against a garage on the property I believe it would be a different story if someone wanted to argue it. Interesting question.