Garbage Held Sacred

It has long been established thai the Fourth Amendment protect Jon of "person, houses, papers, and effects" against unreasonable search and seizure extends beyond the home to automobiles, luggage, even the garbage placed in front of a house. A California court recently broadened that principle of law to the benefit of apartment tenants.

Late last year Jeffrey Lord, a police officer in Glendale, California, was approached by Derek Dolson, who advised the officer that he had just left a pot party and could show the officer where some marijuana was located. Lord followed Dolson to a communal trash receptacle behind the apartment where. I he alleged parly had taken place. At Dolson's direction┬╗ Lord retrieved a shopping bag from the garbage, which turned out to contain marijuana. Using Dolson's story about the party and the grass recovered from the bag as the requisite "probable cause:' he obtained a search warrant and busted Gregory Smith. (The court never did question or explain why anyone was tossing dope into garbage receptacles.1.

Smith then moved to suppress the evidence, claiming that the search of the communal trash receptacle by Officer Lord was an infringement on his Fourth Amendment protection againsl unreasonable searches. The court agreed.

Continue reading here: Pot Profits Beat Embezzlement

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