trash pull laws
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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
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 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. http://www.ohiocourtlinks.org/pdfs/CriminalProcedure.pdf
35. State appellate courts that have adopted the
Greenwood
analysis include: Illinois, Iowa, North Carolina, Ohio, and Utah.
See
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
Greenwood
analysis in finding there was no reasonable expectation of privacy in garbage
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