[QUOTE=jk;1034824]
Quote Quoting LegalWriter
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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".
I understood this as, since they found stuff, it makes my argument it wasnt my trash tough. AS you probably know during appellate review, they rule if info at time of application for warrant was enough.

If thats not what you meant, my apologies.

I have found many cases where probable cause was upheld because either there was indices in same bag, or surveillance of defendant placing garbage. Murder case i found where man disposed of body in dumpster had gotten away with it until witness came forward stating they saw him throw the silver bags in dumpster.

without indices or eye witness account it is not fair to assume it is from that house. While US v greenwood establishes garbage is fair game not needing a warrant, it also says “readily accessible to animals, children, scavengers, snoops, and other members of the public.