trash pull laws

UPDATED: Apr 14, 2009

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trash pull laws

When a police officer pulls your trash, where does the trash have to be located and if it’s on the side of your house, is that legal for the officers to take or does it have to be located on or by the street?

Asked on April 14, 2009 under Criminal Law, Ohio


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Not sure what you mean.  Did the police search your trash? In some states, when you discard your trash into trash bins, it is considered abandoned property and the police do not need search warrants to go through it.   Check out Rule 41 of the Ohio Rules of Criminal Procedure.




35. State appellate courts that have adopted the




analysis include: Illinois,

Iowa, North Carolina, Ohio, and Utah.




People v. Stage, 785 N.E.2d 550, 552 (Ill. App. Ct.

2003) (holding an individual has no reasonable expectation of privacy in their garbage); State

v. Skola, 634 N.W.2d 687, 691 (Iowa Ct. App. 2001) (holding a warrantless search of garbage

does not violate state constitution); State v. Washington, 518 S.E.2d 14, 17 (N.C. Ct. App.

1999) (holding a warrantless search of garbage dumpster does not violate North Carolina’s

Constitution); State v. Payne, 662 N.E.2d 60, 62 (Ohio Ct. App. 1995) (adopting the




analysis in finding there was no reasonable expectation of privacy in garbage

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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