Searches of Garbage Under the Fourth Amendment

States that do follow the Federal rule

There is no reasonable expectation of privacy in garbage / trash found in the following areas :

Appendix - II

States that do follow the federal rule

1. Curbside / In front of house / Outside fenced area of property

 

Connecticut : State v. DeFusco, 224 Conn. 627, 620 A.2d. 746 (1993).

Colorado : State v. Hillman, 834 P.2d. 1271 (1992).

Florida : Sims v. State, 425 So.2d. 563 (1982).

Illinois : People v. Klausing, 41 Ill.App.3d. 588, 353 N.E.2d. 441 (1976); People v. Huddleston, 38 Ill.App.3d. 277, 347 N.E.2d. 76(1976).

Indiana : Bell v. State, 626 N.E.2d. 570 (1993).

Iowa : State v. Henderson, 435 N.W.2d. 394 (1988).

Louisiana : State v. Kyles, 513 So.2d. 265 (1987); State v. Lambertus, 482 So.2d. 812 (1986).

Mass. : Commonwealth v. Pratt, 407 Mass. 647, 555 N.E.2d. 559 (1990).

Michigan : People v. Pinnix, 174 Mich.App. 445, 436 N.W.2d. 692 (1989); People v. Thivierge, 174 Mich.App. 258. 435 N.W.2d. 446 (1989).

Nebraska : State v. Texel, 230 Neb. 810, 433 N.W.2d. 541 (1989). "Were we free to review this matter de novo on the record, we might conclude otherwise ; however, we are required to uphold the trial courts factual findings in ruling on the motion to suppress unless those findings are clearly erroneous... Under the circumstances, we cannot say that the factual findings of the trial court were erroneous.

N.C. : State v, Hauser, 464 S.E.2d. 443 (1995), No REOP after it was picked up by regular collector in normal manner did not violate 4th Amendment.

North Dakota : State v. Rydberg, 519 N.W.2d. 306 (1994). State v. Ronngren, 361 N.W.2d. 224 (1985).

Ohio : State v. Brown, 1984 WL 6932 (Ohio App.) 1984. State v. Coffin, 1982 WL 8718 (Ohio App.) 1982.

Oklahoma : [Court of Criminal Appeals] Cooks v. State, 699 P.2d. 653 (1985).

Pennsylvania : [Superior Court] Commonwealth v. Minton, 288 Pa.Super. 381, 432 A.2d. 212 (1980); [Superior Court] Commonwealth v. Bagley, 408 Pa.Super. 188, 596 A.2d. 811 (1990).

Wisconsin : State v, Stevens, 123 Wis.2d. 303, 367 N.W.2d. 788 (1985), No REOP in garbage once it has been routinely collected by a collector, risk of police search is assumed.

Wyoming : Croker v. State, 477 P.2d. 122 (1970).

2. Inside 's yard / Backyard or Curtilage

Florida : Stone v. State, 402 So.2d. 1330 (1981); State v. Fisher, 591 So.2d. 1049 (1991).

Illinois : People v. Stein, 51 Ill.App.3d. 421, 366 N.E.2d. 629, 9 Ill.Dec. 372 (1977).

Michigan : People v. Whotte, 113 Mich.App. 12, 317, N.W.2d. 266 (1982).

Washington : State v. Graffius, 74 Wash.App. 23, 871 P.2d. 1115 (1994).

3. Alleyway

Arizona : State v. Fassler, 108 Ariz. 586, 503 P.2d. 807 (1972), what a person knowingly exposes to the public is not subject to 4th Amendment protection.

Minnesota : State v. Oquist, 327 N.W.2d. 587 (1982).

Ohio : State v. Williams, 1996 WL 39649 (Ohio App. 10 Dist)(1996), No REOP for items left in plain view in an alleyway.

4. Dumpsters / Public Property / Multiparty Residence / Outside Stairway of Apt. Building -

Alaska : Smith v. State, 510 P.2d. 793 (1973).

Delaware : Mack v. State, 567 A.2d. 34 (1989).

Illinois : People v. Collins, 106 Ill.2d. 237, 478 N.E.2d. 267, 87 Ill.Dec. 910 (1985).

Mass. : Commonwealth v. Chappe, 397 Mass. 508, 492 N.E.2d. 719 (1986)

Minnesota : State v. Krech, 403 N.W.2d. 634 (9187).

Nebraska : State v. Trahan, 229 Neb. 683, 428 N.W.2d. 619 (1988).

Ohio : State v. Payne, 1995 WL 692921 (Ohio App. 12 Dist.) (1995); State v. American Veterans Post 250, 37 Ohio.App.3d. 108, 524 N.E.2d. 191 (1987)

Tennessee : State v. Bell, 832 S.W.2d. 583 (1991).

Washington : State v. Rodriguez, 65 Wash.App. 409, 828 P.2d. 636 (1992), distinguishes Boland ( see appendix - I under Backyard / Curtilage) ; "Under the facts of this case, Boland is not dispositive. Here the private affairs of an individual have not be unreasonably violated. Mr. Boland had collected his garbage during normal usage at his household, put it in his personal garbage cab and placed the can out on the curb in front of his house. Under the courts ruling it was still a part of his private affairs and constitutionally protected. Here however, a bag was thrown on top of a 300 - gallon garbage receptacle, which is a community dumpster. It is not an ordinary accumulation, but rather is stolen property and in this circumstance an EOP was unreasonable.

5. Neighbor's yard or property -

California : People v. Superior Court for Los Angeles, Barret, 23 Cal.App.3d. 1004, 100 Cal. Rptr. 604 (1972).

6. Miscellaneous (based on notion of abandonment) -

Maryland : Venner, IV v. State, 279 Md. 47, 367 A.2d. 949 (1977),crt did not specifically address garbage, but would most likely rule No REOP b/c they find no REOP in excreta since it is considered abandoned property.

New York : People v. Mims, 205 A.2d. 78, 617 N.Y.S.2d. 316 (1994), "Such actions of as haphazardly dropping an item ore tossing it aside and quickly walking away, are abandonment or property, relinquishing an EOP in that property; People v. Fata, 139 Misc.2d. 979, 529 N.Y.2d. 683 (1988), does not expressly say No REOP, "placing of garbage at curb of residence fro pickup was "abandonment" of garbage.

Pennsylvania : [Superior Court] Commonwealth v. Chylik, 337 Pa.Super. 221, 486 A.2d. 987 (1984), No REOP in contents of garbage pit located beside a barn on a leased lot; [Superior Court] Commonwealth v. Perdue, 387 Pa.Super. 473, 564 A.2d. 498 (1989), No REOP in garbage can under parsonage porch.

Texas : UNPUBLISHED OPINIONS MAY NOT BE CITED AS AUTHORITY Labbe v. State, 1993 WL 485023 (Tex.App. House (1 Dist.)) (1993), If the owner or possessor of his property has voluntarily thrown it away or left it behind, the government is entitled to appropriate the property without need of a search warrant.