
Quoting
LegalWriter
I think the op is trying to suggest the evidence of drug issues was in a separate bag without any informetion to link it to the op. The different color bag is presumably a veiled argument it wasn't from his household. That doesn't work. I have at least 2 different types of trash bags each week in my trash pick up. So he is attempting the "Some guy must have driven by and tossed his drug related trash next to mine" isn't usually a winning argument, especially since it was only the basis for the search warrant. The fact the suspicion based on the evidence found in the trash was supported by the find once the warrant was issued makes it even more difficult to argue "it wasn't my trash".