Does a police officer have a legal right to open trash can without a warrant?

[Fargo]

I suppose I'm outdated, then. It's how I was taught in the academy and how I've seen it applied.

Not poking at you, but there is how Marion Co. does things and then how the rest of the state does them.

For example, years ago I had a guy in court who I thought I had caught lying about his criminal history. I asked him about the burglary on his record he had failed to mention, and he started jumping up-and-down yelling about how the Indiana Supreme Court had overturned the conviction.

I was curious enough about it to run his name through a search and sure enough the burglary conviction had been kicked on appeal. Marion county police had arrested for, the Marion County prosecutors office had filed on and prosecuted, and a Marion County judge had entered a conviction for a burglary of a fenced in field. Now, there's nothing inherently wrong with filing burglary on a fenced in area as it constitutes a structure.

The problem in this case is that the field containing the stolen scrap metal was only fenced in on three sides according to all the witnesses, including the state's...

 

[Kirk Freeman]

Say what you will, but at least once in every litigator's career, they ask themselves:

Um, no, AND I am not wearing a white suit and doing that goofy corn-pone accent, I say, I say.

 

[Timjoebillybob]

Um, no, AND I am not wearing a white suit and doing that goofy corn-pone accent, I say, I say.

As we can see in this photo of you tugging on your lapels. Must be an old photo though, no comb over.

 

[Hookeye]

Was the trash can purchased by the homeowner or was it supplied by the city/county?

 

[singlestacksig]

I know of a few cases where the local cops dug through the trash ( not out for pick up) to get enough evidence to get a warrant.. So yeah, they can dig in your trash.. not sure if you put a lock on it...

 

[HoughMade]

Um, no, AND I am not wearing a white suit and doing that goofy corn-pone accent, I say, I say.

Then I suggest you stay out of the Jefferson County (KY) courthouse.

 

[Doug]

Not poking at you, but there is how Marion Co. does things and then how the rest of the state does them.

For example, years ago I had a guy in court who I thought I had caught lying about his criminal history. I asked him about the burglary on his record he had failed to mention, and he started jumping up-and-down yelling about how the Indiana Supreme Court had overturned the conviction.

I was curious enough about it to run his name through a search and sure enough the burglary conviction had been kicked on appeal. Marion county police had arrested for, the Marion County prosecutors office had filed on and prosecuted, and a Marion County judge had entered a conviction for a burglary of a fenced in field. Now, there's nothing inherently wrong with filing burglary on a fenced in area as it constitutes a structure.

The problem in this case is that the field containing the stolen scrap metal was only fenced in on three sides according to all the witnesses, including the state's...

So, if the door is unlocked or ajar, it isn't burglary if the goblin goes into the house?

 

[Timjoebillybob]

So, if the door is unlocked or ajar, it isn't burglary if the goblin goes into the house?

IANAL.
Depends. Unlocked and closed? Yes still burglary. Ajar enough to go through without touching it, and not touching it? No most likely, it would be theft. Any force used is considered "breaking", including pushing open an ajar door.

 

[HoughMade]

So, if the door is unlocked or ajar, it isn't burglary if the goblin goes into the house?

Don't think so.

Initially, we observe that all of the above cases concerned a fence that completely enclosed all, or a portion of, the premises at issue. The circumstances here are different, inasmuch as CBC's fence surrounded only three sides of its property, leaving the fourth completely open. We find it to be a dubious proposition that CBC's fence meets the McCovens definition of “structure” because it is unclear how the fence was designed to protect the property on the premises if it did not completely enclose the area.

Even if we accept for argument's sake that a three-sided fence is a structure, the evidence—circumstantial or otherwise—does not support a conclusion that Calhoon “broke” into the premises. To the contrary, Bowman testified that he and Calhoon merely walked onto the property from the side that was not fenced in. Moreover, Bowman testified that he observed the hole in the fence as they approached it in the truck, and the State offered no evidence showing that either Bowman or Calhoon was responsible for creating the hole in the fence. Hence, there is no evidence suggesting that they climbed over the fence, squeezed through an opening in the fence, or used even the slightest force to gain entry to the property.

The State points to evidence showing that upon gaining entry to the property, Calhoon and Bowman began picking up scrap metal, taking it to a hole in the fence, and dropping it through the hole. The State suggests that this evidence establishes that a breaking occurred. But what matters for the purpose of the burglary statute is how the defendant entered the property, not how he exited the property. I.C. § 35–43–2–1. Here, the undisputed evidence shows that Bowman and Calhoon gained entry to the property without even the slightest use of force. That they dropped the scrap metal through a hole in the fence is of no moment, inasmuch as they did not “break and enter” in the first place. Thus, it is our conclusion that the evidence was insufficient to support Calhoon's conviction for burglary.

Calhoon v. State, 842 N.E.2d 432, 435–36 (Ind. App. 2006)

 

[Fargo]

So, if the door is unlocked or ajar, it isn't burglary if the goblin goes into the house?

If you have to move/manipulate anything to gain access, then burglary. If door is already opened, then criminal trespass +random felony/theft.

Calhoon v. State, 842 N.E.2d 432, 435–36 (Ind. App. 2006)

There he is, I couldn't remember his name to save my life. I do remember he was wrong about which court had kicked his conviction.

 

[Trigger Time]

There's plenty of info of Feds and police taking control of garbage trucks to get what they want. If you are throwing away something you don't want someone to see then incinerate it and grind down the ashes. They can get **** off them too. I understand criminals will use any means to keep from getting caught but sometimes with the tactics used by govt employees it's hard to tell who the good guys are. But if your last name is clinton you can get away with anything. If you're an average joe the system is rigged to **** you. I'm not saying there aren't honest cops. There are plenty. But the justice system needs an overhaul