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Problem - Partially Burnt Garbage?

Police officers, having the requisite probable cause, initially arrested a suspect for theft of a camper trailer. The next morning they proceeded to the suspects house without a warrant and without the suspects consent. On the curb they found a large barrel that had obviously been used for burning trash. In the barrel they found several items that were identified to be in the trailer at the time of the theft.

Is this search valid?
Consider the issues of "curtilage" and "abandonment".

P. Howell
Wake Forest University School of Law

Answer

In  Ball v. Wisconsin 205 N.W. 2d 353 the court held that articles found in the trash barrel of defendant's home were not abandoned merely because the defendant tried to burn them.  Additionally, the barrel was on the defendant's curtilage out of public view and he had a reasonable expectation of privacy as to the contents of the barrel.  Defendant must have a subjective expectation of privacy that is objectively reasonable.  Police must obtain a warrant to obtain items that are in a place in which the Defendant has a objectively reasonable subjective expectation of privacy.  Not every state holds the same view as to reasonableness.
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