Contents of Garbage Can Not Protected From Police Searches

The Fourth Amendment to the Constitution protects the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures”, but this protection does not always extend to the contents of a garbage can left outside a home in Utah.

Reasonable expectation of privacy?

Photo by: Matthew Paul Argall

When someone throws away an item in a public trash can or dumpster, that individual knows their discarded garbage is no longer their property and that item may be accessible to anybody who happens upon it. When something is thrown away at home, most residents feel confident knowing the privacy they have for their home and property is extended to the contents of their trash as well. Once trashes have been emptied into the outside bin to be collected by city workers, the majority of Utah residents would still feel their privacy were violated if anyone were to go through their garbage prior to it being collected.

Dumpster diving

There are many reasons why individuals would go through the contents of someone else’s garbage can. Some of these reasons are criminal in nature while others are for survival. Those rummaging through the garbage out of necessity may possibly be searching for discarded food of decent quality or scrap metal to exchange for cash. Others collecting trash for criminal purposes may be collecting personal information to aid in identity theft. Whatever the reason, a Utah resident’s trash can is typically considered private and going through another’s trash is frowned upon by law enforcement. Some cities including Orem, Provo, and Taylorsville have cracked down on the trash collecting practice in the past by issuing citations for those caught “stealing” another person’s garbage. This expectation of privacy is often supported by law enforcement, unless they are the ones going through the trash.

Double standard

Although law enforcement expects everyday residents to respect each other’s privacy in regards to their trash cans, officers themselves are not expected to abide by the same standard. In State v. Jackson (1997) a Provo police officer went to the home of defendants, one of which had a prior history of drug charges. Once at the home, the officer saw two garbage cans that had been put out for collection by the defendants. The officer then proceeded to go through the garbage cans, finding small amounts of marijuana as well as drug paraphernalia. After taking these items out of the trash as evidence, the officer was then granted a search warrant for the interior of the home and found other drug-related items. All three defendants whose garbage was “lawfully” searched were convicted of possession and sentenced to three years of probation and a large fine.

Garbage in curtilage of home

Photo by: Shlala

As frustrating as it is that the same trash protected from pubic searches isn’t awarded the same expectation of privacy from police searches, residents might consider the move excusable seeing how the garbage cans were left out by the road. Unfortunately, not all officers wait for the trash to be moved off the property by a suspect. In 2015, Sioux Falls, SD police Officers worked together with the garbage company to collect trash from a possible drug suspect named James Thompson. The garbage collector entered onto Thompson’s property, took the garbage can from the side of the garage and emptied it into the garbage truck while officers watched. Officers then searched through the dumped garbage and found drug paraphernalia. A warrant was then issued on Thompson’s home where other illegal items were located. Thompson moved to suppress all evidence, especially since the garbage cans were removed from off his private property. The courts denied his motion stating that “It is well established that there is no reasonable expectation of privacy in trash left for collection in an area accessible to the public.” Had his garbage cans been placed inside a garage or behind a fence, he may have been awarded more privacy over his trash.

Protecting rights to privacy

When it comes to police searches, many residents understand they have rights against unreasonable searches taking place inside their homes or vehicles. When the search occurs outside or within the curtilage of the home, the legality of the searches may be even more difficult to understand. For more information on charges stemming from these and other questionable searches and seizures, contact an attorney to discuss whether or not rights have been violated and all possible options moving forward with the case.

Utah Man Waives Miranda Rights, Admits to Murder and Scrubbing Crime Scene

An Ogden Utah Man was arrested after he waived his Miranda rights, openly admitting to murdering a woman and scrubbing the crime scene.

Criminal homicide

Photo by: Rynerson Bail Bonds

The deceased body of an adult woman was found lying in some brush on the side of a road in South Ogden last Monday. The woman appeared to have several stab wounds, and police on scene were unable to locate a suspect or a weapon. Officers proceeded to the woman’s apartment nearby and spoke to her roommates who agreed to accompany officers to the station to be interviewed.

Waived Miranda Rights

Prior to the police interview, one of the roommates named Jesus Martinez Ramos Jr was read his Miranda Rights, warning him that anything he said could be used against him while reminding him he could request an attorney to represent him. Ramos waived his Miranda Rights and spoke openly to police without the presence of any legal representation. During the interview, Ramos admitted to murdering his female roommate, moving her body, scrubbing the crime scene, and throwing away evidence-including the murder weapon. Ramos then went a step further by telling officers where they could find the knife used in the attack. Ramos was charged with first degree criminal homicide and second degree obstruction of justice.

No harm in requesting an attorney

Many people who are facing criminal charges assume if they tell investigators everything they want to hear, maybe they will either be spared or given better treatment for their extra cooperation. Unfortunately, rarely does it work out in the best interest of the suspect to do so. Sometimes, being open and agreeable with investigators can lead to unexpected or unwarranted charges that may not have been true, such as premeditation of the criminal events. Prior to any police questioning, it is always encouraged to request the presence of an attorney to guide a suspect through the questioning. Even if the evidence is stacked against the suspect, an attorney can still ensure they are afforded all rights, including protecting themselves against self-incrimination.

Unwarranted Search of the Curtilage of a Home

Most American citizens know the Fourth Amendment protects their home against unwarranted searches and seizures, but what about the yard, patio, and other curtilage of the home?

Extended protection

Photo by: Natalie Maynor

The Fourth Amendment protects “the right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures” but how far does the protection of the home extend? Although the Fourth Amendment doesn’t specify the area surrounding the dwelling as part of the protected home, the United States Supreme Court has on more than one occasion extended the constitutional protection to include the curtilage surrounding a home. In Oliver v. United States (1984) the curtilage was said to be the “area to which extends the intimate activity associated with the sanctity of man’s home and the privacies of life”.

Curtilage defined

According to Black’s Law Dictionary, the Curtilage of a home is “The enclosed space of ground and buildings immediately surrounding a dwelling-house. In its most comprehensive and proper legal signification, it includes all that space of ground and buildings thereon which is usually enclosed within the general fence immediately surrounding a principal messuage and outbuildings, and yard closely adjoining to a dwelling-house”. The U.S. Supreme court stated in United States v. Dunn (1987) that: curtilage questions should be resolved with particular reference to four factors: the proximity of the area claimed to be curtilage to the home, whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, and the steps taken by the resident to protect the area from observation by people passing by.”

Visibility of illegal items or activity

Law enforcement officers are permitted to enter the curtilage of a home to knock on the door, although this does not permit them to do a search of the perimeter of a home without a warrant. This protection of the home’s curtilage does not dismiss illegal items or activities in plain view however. In United States v. Bausby (2013) officers saw a motorcycle in the yard of Chris Bausby that matched the description of a motorcycle stolen months prior. The motorcycle was in plain site from the street, and had a “for-sale” sign drawing attention from anyone passing by. Officers entered the yard, knocked on the door, and the proceeded to identify the VIN number on the motorcycle. A search warrant was issued and the stolen motorcycle and other items were confiscated. U.S. Supreme Court dismissed a Bausby’s claim of a Fourth Amendment violation by stating: “What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection” (Katz v. United States 1967).

Photo by: Nana B. Agyei

Open fields doctrine

While items openly visible to the public are not protected under the home’s curtilage, neither are large areas on the property that are unable to be closed in such as open fields. In Oliver v. United States (1984) The Supreme Court noted that “. . . open fields do not provide the setting for those intimate activities that the Amendment is intended to shelter from government interference or surveillance. There is no societal interest in protecting the privacy of those activities, such as the cultivation of crops that occur in open fields.”

Help defending searches of home’s curtilage

Utah residents facing criminal charges who feel their Fourth Amendment rights protecting their home’s curtilage from unwarranted searches and seizures was violated are encouraged to find a reputable attorney to go over the case. A respectable attorney will help to defend the charges against them and ensure they maintain the privacy and protection promised by the United States Constitution.