trash pull laws

Get Legal Help Today

 Secured with SHA-256 Encryption

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 12 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


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption