Whether A search warrant was obtained in the legal manner.

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Whether A search warrant was obtained in the legal manner.

The district attorney tells me they
obtained a search warrant by going
through our garbage in front of my
trailer. I am the manager here and I
know this entire park is private
property. Did the police have the right
to go through my garbage can?

Asked on January 12, 2018 under Criminal Law, Utah

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It has been hed by the courts that gargage is not private property, no matter where it is located. Once disgarded, itit is deemed to be "gargae", so loses any protection afforded under an individual's "reasonable expectation of privacy". 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Whether the park is private property or not, the courts have consistently held that garbage is not private property: once you put it out for garbage collection, you give up any legitimate or enforceable privacy expectations in it and any (e.g. the police, or any random member of the public) may look through it.


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