when are trash pulls legal

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when are trash pulls legal

Asked on May 1, 2009 under Criminal Law, Ohio

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A trash pull is when the police come and go through your trash to find incriminating evidence which, along with other evidence, may be found sufficient enough to obtain a search warrant.  Trash pulls are legal depending on where the trash is located and whether or not the individual who placed the trash in its location has a reasonable expectation of privacy there.  This is a factual question.  If you place your trash out at the curb for collection on garbage day, the courts have determined that there is no reasonable expectation of privacy.  If you put it in the trash bin outside your door, but behind a closed gate and still on your property, you do have a reasonable expectation of privacy.  There are many in-betweens and cases have gone both ways in different jurisdictions.

 


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