- November 11, 2023
- Posted by: legaleseblogger
- Category: Related News
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****** just grabbed a
There’s plenty of caselaw on garbage within the curtilage.
It would probably vary by state.
Oregon courts have ruled that there is a privacy interest in the contents of garbage cans left on the curb for pickup (massive eyeroll), but the opinion actually discusses that the person put their garbage in opaque bags in an opaque can and expected it to be picked up and comingled with other people’s garbage, thus anonymizing it. That’s pretty distinguishable from leaving garbage out in the open and exposed to the elements.
Discarded material doesn’t require a warrant or probable cause to seize. If the cigarette were in the trash at the curb, it would unambiguously be legal to take. The fact that it was on his porch, or, in other words, the curtilage of his home, makes this more complicated. Almost this exact scenario happened in [State v. Williford](https://casetext.com/case/state-v-williford-14), with the difference being that Williford lived in an apartment with a collective parking lot. The court ruled:
>We conclude that the parking lot was not located in the curtilage of defendant’s building. While the parking lot was in close proximity to the building, it was not enclosed, was used for parking by both the buildings’ residents and the general public, and was only protected in a limited way. Consequently, the parking lot was not a location where defendant possessed a reasonable and legitimate expectation of privacy that society is prepared to accept.
Cleaned up. I think that if the defendant was not living in an apartment building, this probably would be an unconstitutional search.