If the trash is at the curb and not on your property, they can. So.. if they can do that, how is that differnet than your car parked in the street? Both are in a public area.
(note I'm only addressing the reason for asking the question. Evidence gathered from trash is useful too, and for evidence not on your private property, currently I believe no warrant is required (why should it be? It's no longer your private stuff, it's garbage headed for a public landfill.)
Vehicles are a bit different - but if the vehicle were parked in the street, and not in a private driveway, no trespass is required to plant a tracking device.
If this is now considered some kind of trespass, then the feds DO need ot re-evaluate the potential fallout from garbage-related evidence.
Well on the other hand, one could also argue that when you put the trash on curb you give away any rights to it - which means that the trash becomes a public property that Feds have access to.
Vehicles on the other hand, even when they are on public property still belong to the owner and hence although no trespassing is required in planting the device (inside or outside the vehicle), the Feds would still be meddling with private property.
If you read the actual opinion (which I recommend, it's very interesting), placing the tracking device on the vehicle's undercarriage is actually trespass:
"It is important to be clear about what occurred in this
case: The Government physically occupied private property for the purpose of obtaining information. We have no
doubt that such a physical intrusion would have been
considered a “search” within the meaning of the Fourth
Amendment when it was adopted." (page 4 of the opinion, 6 of the pdf)
You know, that brings up a good point. Maybe you could make a claim that when putting garbage on the curbside, you're simply "parking" it there until the pickup in the morning.
In this case, you could argue the garbage becomes public properly only after it is collected, and only by the collection services, which you would expect on regular basis.
Thus you'd prevent FBI from just pick up your trash, saying "well, you were gonna give it up anyway".
> Well on the other hand, one could also argue that when you put the trash on curb you give away any rights to it - which means that the trash becomes a public property that Feds have access to.
You could make that argument, but I'd disagree. Law enforcement can (should) only do what we the people allow.
> If the trash is at the curb and not on your property, they can
cannot agree and would argue. same logic would apply to you while walking on public street -- just because you are in public, doesnt mean people can do whatever they want to do to you. same with your car being in the public.
if someone would want to go against government in a case where gov searched your trash can, one would have to (at least try)
- prove that trash can is your property because you bought it and have receipt or because you pay your property tax, which I may be right or wrong, would say what your obligation/rights towards the trash can. It would be interesting what outcome one would have with approaching your property manager and telling them you gonna use your own trash cans. In this example, it would be a clear to the judge that gov went through your own property, regardless if its your car, your boat or your trashcan. its yours, you bought it, you won it.
- prove to the judge/gov that your current or your property current agreement with utilization company clearly state who owns the trash/trashcan and at which point it is still your property or stops being yours. I would argue, and you could find hundreds of cases where people been convicted for life or put on chair because officials found bead body on the thrash yard that they said was your property []of course there is more into it such as dns checkup etc, if there is a poison tree fruit law applied, same way they wouldnt be able to use your dna found in the trashcan if they didnt have a right to go through it and even if found and i know it sounds crazy, it shouldnt be used as an evidence]. Therefore I would say you owe the trash even if its rotting somewhere on the trash yard. I dont know how far utilization rules/laws go, but one could try calling their utilization company and telling them "i want my trash back". wonder what outcome you will get if you threaten them to sue if they dont giver it back to you (the purpose of doing that would be what utilization company attorney would say).
(note I'm only addressing the reason for asking the question. Evidence gathered from trash is useful too, and for evidence not on your private property, currently I believe no warrant is required (why should it be? It's no longer your private stuff, it's garbage headed for a public landfill.)
Vehicles are a bit different - but if the vehicle were parked in the street, and not in a private driveway, no trespass is required to plant a tracking device.
If this is now considered some kind of trespass, then the feds DO need ot re-evaluate the potential fallout from garbage-related evidence.