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  1. #11
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    Default Re: Evidence Collected to Obtain Search Warrant

    Quote Quoting AlairHerena
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    I'm not questioning the right to take the trash. I'm well aware of the abandonment of trash laws. What I'm questioning in the legality of the police not collecting it themselves but having the trash guys do it for them. It was my understand that evidence of any kind had to be collected and processed by the police. Or that they at least had to be present when it was taken from my trash bin.
    Your attorney can try and challenge the collection of the evidence as they see fit. I suspect, however, that if the police did it that way that they had the people collect it and take it to them rather than allow it to be co-mingled with other trash.

    If you're charged with a crime and all you have is a Hail Mary to try and get the probable cause for the search warrant quashed, then you'd better be ready for some jail time.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

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  2. #12
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    Oct 2006
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    Default Re: Evidence Collected to Obtain Search Warrant

    Quote Quoting cdwjava
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    Your attorney can try and challenge the collection of the evidence as they see fit. I suspect, however, that if the police did it that way that they had the people collect it and take it to them rather than allow it to be co-mingled with other trash.

    If you're charged with a crime and all you have is a Hail Mary to try and get the probable cause for the search warrant quashed, then you'd better be ready for some jail time.
    I don't understand why there wouldn't be a chain of custody problem in that scenario. The evidence is being removed from the scene by civilian garbage collectors who could have done all kinds of things with it, or even brought the police the garbage from the wrong house.

  3. #13
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    Default Re: Evidence Collected to Obtain Search Warrant

    Quote Quoting llworking
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    I don't understand why there wouldn't be a chain of custody problem in that scenario. The evidence is being removed from the scene by civilian garbage collectors who could have done all kinds of things with it, or even brought the police the garbage from the wrong house.
    There shouldn't be an issue unless they co-mingled the trash in a truck with OTHER trash. It might require having to subpoena those employees, but, if they retrieve it from that one house and bring it to the police, it's easy-peasy.

    If the police used the company to take the trash, I would hope they worked with them ahead of time to preserve the evidence. If they did not, then they run the very real risk of having the warrant quashed. Since we don't know how the trash was collected, and we do know that a warrant was issued, I will surmise that the judge did not seem to have an issue with how the trash was collected ... assuming, of course, there was not a lie by omission (to the signing judge) with regards to how the trash was collected in the first place.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #14
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    Sep 2010
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    19,497

    Default Re: Evidence Collected to Obtain Search Warrant

    If the trash was to be introduced as evidence at a trial, then there's a lot more things (chain of custody, how it was found, etc...) that matter. If it was just used to justify the search warrant issuance, not so much.

  5. #15
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    Default Re: Evidence Collected to Obtain Search Warrant

    Quote Quoting flyingron
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    If the trash was to be introduced as evidence at a trial, then there's a lot more things (chain of custody, how it was found, etc...) that matter. If it was just used to justify the search warrant issuance, not so much.
    I agree. I think the only time it might be an issue as to the what and how is IF the defense tries to suppress the PC for the warrant. Often, when all you have is a shot in the dark, you take it. THEN, when/if it fails, you talk plea.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

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  6. #16
    Join Date
    Nov 2013
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    Default Re: Evidence Collected to Obtain Search Warrant

    You both got that correct. The Supreme Court of US decided the issue back in 1988 where no warrant is needed to search or take trash that is put out for collection on a public street. The fruits of which can be used as probable cause to obtain a search warrant of the premises .

    https://scholar.google.com/scholar_c...en&as_sdt=4,16

  7. #17
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    Default Re: Evidence Collected to Obtain Search Warrant

    The problem is that some states have clamped their own restrictions on the use of trash, and some local agencies have similarly restricted it as a matter of policy rather than law. So, it's not always a given that wherever trash is collected by the police in some way it can be used as evidence for a search warrant or anything else.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #18
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    Nov 2013
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    Default Re: Evidence Collected to Obtain Search Warrant

    It is a constitutional protection of the 4th amendment that is always used to challenge the legality of the warrantless search of the trash and the states' constitutions pretty much emulate that protection or lack of it through their courts.

    I found three cases where the issue was decided in Iowa. In all three, the trash search was only used to obtain a search warrant for the premises. The evidence was not introduced at trial.

  9. #19
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    Default Re: Evidence Collected to Obtain Search Warrant

    Yet, states often come up with protections that EXCEED 4th Amendment requirements. That is why it is important to examine the details of such law in each state and why one cannot assume that such searches are universally okay.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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