when are trash pulls legal
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
when are trash pulls legal
Asked on May 1, 2009 under Criminal Law, Ohio
Answers:
L.M., Member, California Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
A trash pull is when the police come and go through your trash to find incriminating evidence which, along with other evidence, may be found sufficient enough to obtain a search warrant. Trash pulls are legal depending on where the trash is located and whether or not the individual who placed the trash in its location has a reasonable expectation of privacy there. This is a factual question. If you place your trash out at the curb for collection on garbage day, the courts have determined that there is no reasonable expectation of privacy. If you put it in the trash bin outside your door, but behind a closed gate and still on your property, you do have a reasonable expectation of privacy. There are many in-betweens and cases have gone both ways in different jurisdictions.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.