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Going Through the Garbage

Posted by michael on from the taking-out-the-trash dept.

frankejames writes "This is a very funny piece on how Portland politicians said it was okay for police to seize a citizen's garbage without a search warrant. But when some reporters swiped their garbage (and reported the contents!) they screamed foul play! Read Portland's top brass said it was OK to swipe your garbage--so we grabbed theirs."

4 of 624 comments (clear)

  1. Re:If you... by pavera · · Score: 5, Informative

    Garbage men get paid a heck of alot more than that,
    they actually make like 25-30/hour, at least in Nevada they do.

  2. Re:They have every right by Detritus · · Score: 5, Informative

    What law? By putting your trash at the curb, you relinquish ownership. Anyone can legally take it. Police officers do not have special rights in this area.

    --
    Mea navis aericumbens anguillis abundat
  3. this has been already laid out by Auckerman · · Score: 5, Informative

    In CALIFORNIA v. GREENWOOD, 486 U.S. 35 (1988), the Supreme Court ruled police could do this. I happen to agree with this. By putting it on the curb, you have shown that you want the city to come and take it away. In other word you want the city to have it.

    As far as the city getting annoyed at the journalists, they can be annoyed, but I doubt there is much they can do about it, for much the same reason that the police can rummage though trash.

    --

    Burn Hollywood Burn
  4. We did this already?I by MacAndrew · · Score: 5, Informative

    I could swear we did this a few weeks ago, but I can't get the slashdot search engine to perform.

    The police or anyone can take trash at curbside, as it is considered abandoned. CA v. Greenwood

    It gets stickier in the "curtilage" area of the property left open to trash collectors to come in for the garbage. See Greenwood. IIRC curb versus curtilage was the distinction in this Oregon case between the two trash takings?

    Warrant is otherwise required unless a 4th A. exception applies such as exigency or evanescent evidence. (If these interest you, do a search or try nolo.com. :)

    States or local authorities can set the 4th Amendment bar higher if they like, that is they can require greater restraint. I don't know of any that have done so offhand -- perhaps yours.