QUESTION
If my trashcan is sitting in my back yard (no fence), can the police come onto the property and take the whole thing?
Asked on Oct 30th, 2012 on Criminal Law - New Jersey
More details to this question:
Before hurricane Sandy hit I went outside to put the trashcan and other items in my shed. I noticed my entire trash can (including trash bags that were inside) were gone. The only thing left was the trashcans lid.
9 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No. I believe the trash must be placed at the curb before the cops can take it.
Answered on Nov 01st, 2012 at 3:28 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally trash is considered abandoned property when placed for pick up and anyone, including the police can pick it up.
Answered on Nov 01st, 2012 at 3:19 AM
Michael Paul Vollandt
How do you know it was the cops? But yes they can you have no right of privacy in your trash.
Answered on Nov 01st, 2012 at 2:51 AM
Trash left on the street for pick-up is considered by law to be discarded by the owner and can be taken by the police to search for evidence. Trash cans inside a fence and in the owners back yard should be subject to requirements of a search warrant.
Answered on Nov 01st, 2012 at 2:35 AM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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How do you know that the police took your trash? You should consult with and retain an attorney. If you cannot afford one, you should apply for a public defender.
Answered on Nov 01st, 2012 at 2:27 AM
Michael J. Breczinski
If the cans are not put out for the garbage man then you still have a privacy interest in them. The results of the seizure should be suppressed.
Answered on Nov 01st, 2012 at 2:26 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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How do you know the police took it. Also: when you put the trash in the can, you did so with the intent to throw it out. Once you do that, you arguably give up any ownership interest in the garbage. If you are worried about what you threw out, have you ever thought of investing in a shredder? Pretty cheap.
Answered on Nov 01st, 2012 at 2:23 AM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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Did this happen in CA? As far as I know, Hurricane Sandy has not affected the west coast. It's actually sunny and nice here.
Answered on Nov 01st, 2012 at 2:19 AM
Gary Moore
A warrant was required for the police to lawfully enter upon your premises and to remove your property.
Answered on Nov 01st, 2012 at 2:18 AM