Police officers can use seemingly minor evidence to prove that criminal activity has occurred. In some cases, they might want to gather fingerprints for samples of genetic materials, such as saliva. Other times, they may hope to find proof that an individual has engaged in drug manufacturing, such as containers with drug residue or packaging for chemicals used to manufacture drugs.
The trash bins of a person suspected of criminal activity can provide police officers with a treasure trove of potential evidence. But, there are limitations on when the police can search the trash bins at a private residence, apartment complex or business.
When are such searches theoretically legal?
When officers have a warrant
Search warrants signed by judges are the strongest legal protection for police searches. They can potentially search the entirety of the property, including the trash bins. Officers hoping to look through refuse containers often need to indicate as much when seeking a warrant from a judge.
When the bins are out for collection
Garbage searches often occur without a warrant. Once people move their bins to the curb for collection, they have effectively abandoned that property. At that point, police officers and others can search through the trash without any legal ramifications.
However, police officers cannot search trash bins that are next to a garage or otherwise contained within the curtilage of the home. The outdoor spaces that serve as an expansion of the indoor living space are not subject to search without either probable cause or a warrant.
Recognizing the limits on different types of searches can help people identify inappropriate police conduct. Defendants who have experienced unlawful searches can potentially leverage the misconduct of police officers as part of a broader criminal defense strategy.