Tuesday, May 14, 2019

Police Can't Take Suspect's Garbage Without a Warrant, in Oregon

The Oregon Supreme Court on Thursday disagreed with more than 50 years of state case law by ruling that Oregonians retain a privacy interest in the garbage they leave on the curb for pick-up. That means police can’t search the garbage without a warrant even after a truck hauls it away...

The majority opinion noted that even the U.S. Supreme Court has said Americans don’t have a reasonable expectation of privacy “in trash left for collection in an area accessible to the public.” But the U.S. Supreme Court also said individual states are free to impose “more stringent constraints on police” based on their own constitutions.

Thursday’s ruling applies to curbside refuse collected from private homes. It doesn’t appear to apply to trash thrown in public garbage cans in public places. more