Скачать или смотреть Can the Police Search My Trash Without a Warrant?

Police and law enforcement agencies throughout the nation routinely go "dumpster diving" every day. The majority of the American population does not know that most trash is actually public property. It becomes this the moment it is placed on the curbside in front of a home. Indeed, any place trash is placed for disposal and pickup it becomes public property and is fair game to be seized and searched by law enforcement without a warrant.

The 4th Amendment to the United States Constitution protects people from unreasonable searches and seizures. And all warrantless searches are presumptively unreasonable. The only time the 4th Amendment protects trash and garbage is when it is located in or on a person's property. This location does not include the sidewalk or curbside. Those locations are not a part of a person's property and police are not trespassing onto property to retrieve them. As a result, police may seize and search trash located in those areas without a warrant.

It is important for all citizens to be careful what is being placed in their trash prior to placing it onto the curbside where it becomes searchable public property. Indeed, a person's trash contains some of a person's most personal information. And law enforcement will simply seize the trash bags and thoroughly search them at the police department.

The most important message to take from this is that the location of the trash is THE factor in determining whether the trash is public property allowing law enforcement to search without a warrant. As mentioned, the police cannot search a trash bin inside a person's home without a warrant. Nor can the police trespass onto a person's property to search an outside dumpster. However, a person showing an intent to dispose of the trash by moving it off their property and onto a public sidewalk, curbside or roadway renders it public property. In short, if the trash is in a place a member of the public can legally access and take it, then law enforcement may do so as well.

In this video, Tempe Arizona's Best DUI and Criminal Defense Attorney Jeremy L. Huss of Huss Law, PLLC discusses law enforcement's ability to search a person's garbage/trash.

Can the Police Search My Trash Without a Warrant
My Trash Without a Warrant
Police Search My Trash Without a Warrant
Trash Without a Warrant
Police Search My Trash
fourth amendment
can the police search my trash without a warrant
news
crime
my trash without a warrant
police search my trash without a warrant
warrant
police search my trash
ana walshe
brian walshe
Can Police Search Trash
search and seizure
can police search trash
search warrant
Huss Law
huss law