NCJ Number
146009
Journal
Police: The Law Enforcement Magazine Volume: 17 Issue: 12 Dated: (December 1993) Pages: 56-58,74-75
Date Published
1993
Length
5 pages
Annotation
Searching through trash often proves to be a valuable investigative technique for police officers, who may uncover physical evidence linking their suspect to one or more crimes.
Abstract
Trashing by law enforcement officers has generally been upheld by the courts by supporting this type of warrantless search and seizure. In one case, the defendant's claim that his use of opaque bags signaled his expectation of privacy regarding his trash was rejected by the court. Types of evidence recovered from a suspect's trash may include cellular phone bills, money wrappers, drug paraphernalia, stolen property, and financial records. Even when officers fail to find physical evidence, trash can yield valuable personal details about the suspect and his lifestyle. Police officers must be able to link the trash with the suspect and the location with indicators of occupancy like envelopes and bills. Trash runs may be executed in the middle of the night or with the cooperation of trash collectors; the target's trash should be replaced with identical garbage bags to avoid arousing his suspicion. The courts have ruled that trash may only be removed by officers when it is outside the suspect's curtilage, signifying that it is abandoned property.