well that was exciting.

[grizman]

hmmmmmmm. banks and merchants reporting purchases and deposits on its customers to the government and law enforcement. then LE coming and going through your trash on circumstantial evidence.

but we dont live in a police state. nope, sure we dont.

enjoy what you get idiots!

The progressive/socialist agenda is really beginning to show. Police state yeah.
If we are truely free, and guided by the constitution, and innocent until proven quilty why are we arrested and jailed before being charged and tried?
Why are we bound by law to wear a seat belt in our own cars, when we cause no others extra harm by not? Because the government needs the income and the insurance companies are trying to save a buck on claims.
Why are all forms of communication monitored and most recorded? The flippin' post office can read your snail mail with a x ray machine as it is sorted, why do you think we have the extended zip code? Logs each scan includeing the sender and receiver efficiently.
Traffic cams? GPS and a bug in our cell phones? On Star can power down your vehicle, lock your doors and winows to keep you in the vehicle until the police arrive!
The gov is gaining control of private industry through the purchase of stock. I can go on and on. Yet most still deny the facts in front of them! I am not paranoid, just aware! Wake up America, it's almost to late!

CASH baby good old fashion cash. Never buy more than 1 box of decongestant at a time and pay for it seperate. Never buy ammonia,bleach and litium batteries together either.
Do not purchase or refill multiple propane cylinders at one place and time.
Don't blame the vendor or your bank, the fault falls squarely on the shoulders of the out of control over reaching politicians passing unconstitutional legislation and the president for signing them. All polititions are to blame! As are most of us for eleclting them repeatedly! Hello America is anyone in there?

 

[JDonhardt]

Yes. That isn't your first thought? Then again, I keep my trash in the garage, so at that point they're in my home and about 3 feet from my kitchen.

Even it was at the street, I'm gonna find out what on earth they're doing digging through my trash. Likely I'd have my sidearm with me already, but yes, I'd be grabbing it first before stepping out the front door. They're already trespassing and digging through my stuff, so who knows what's next?!

Here's how I would find out why they're digging through my trash: I'd ask them why they're digging through my trash.

I realize that not everyone has the specialized, highly technical capability to defuse such a volatile situation as a man sifting through garbage - but not every encounter with a stranger has to be looked at as a potential gun fight.

 

[leftsock]

your credit card issuer reported that I had bought sudafed and paint thinner.

You're supposed to pay in cash, and don't buy everything at the same place!!!

 

[ocsdor]

This makes more sense to me.

If both items were bought in the same store, then I second this belief.

 

[SemperFiUSMC]

You're supposed to pay in cash, and don't buy everything at the same place!!!

Yeah. Didn't you guys watch Shooter?

Seriously, every item you purchase is tracked by UPC when you use a credit card. The credit card companies sell your purchasing history to marketing companies, who sell it to anyone willing to buy it. Some states prohibit PDs from obtaining the information directly, which really was only effective in establishing middlemen who used to be LEOs who make money on selling the information to PDs.

What can you do? Pick up a burn card. That's one of those VISA cards you buy at Walmart. Purchase it with cash. Then no one knows your spending habits because you aren't associated with the card in any way. Card max is usually around $250, but they can be reloaded. With cash. Again, no one can track your spending habits.

I switched to a pre-paid phone for the same reason. It's no one's business who I call.

Nanny staters are looking through trash. According to law they can. Your recourse is to not give anyone a reason to search you. Sad state of things, but it is the state of things.

 

[rambone]

I would have called 911 and told them some vagrant was outside impersonating a police officer and trying to steal my identity. Make a real big stink out of it.

 

[Bigum1969]

My trash can is always on my property.

In fact, I live on a private lane. The seven houses out here pay for the road upkeep ourselves...

Would that still allow a LEO to search my trash can?

 

[Stschil]

I'm inside my house, about to hop in the shower and I see someone going through my trash cans. So I go outside, slide my shirt up, unsap my holster and have my hand on my weapon. I ask if I can help them and he tells me that he is a sherrif deputy and to take my hand off my weapon. I asked for ID so he showed me ID. I asked why he was going through my trash. He told me

your credit card issuer reported that I had bought sudafed and paint thinner. I said yes, so why are you looking through my trash.

He responded it's protocal. I asked if he had a search warrant and he said he did not. Then I told him I am painting my basement floor and I have allergies and he would be more than welcome to come back and look through my trash and I'll show him the basement with all other supplies if he got a warrant. He then left.

I'm pissed. I just paid off the credit card in full, called my issuer and told them to **** of and cancel my account.

Do I have any legal ramifications against my credit card issuer and the sherrif department for going through my trash without a warrant?

SCOTUS has, in fact, ruled that a person has no "Expectation of Privacy" when it comes to refuse that has been properly placed for pick up. But,
I've read through the whole thread and have this question.

Where was your trash located? If you HAD put it out to the curb, by law, you have no expectation of privacy and therefore no warrant required for a search.
If, however, your garbage cans were still, let's say on your back steps or just outside your garage door, well away from the curb, then a person (be it LEO or other) must enter your property to gain access. I would think (and INAL) that you may still possess an expectation of privacy in that situation. And if this was the case, the officer may have violated your 4th Amendment rights against unreasonable searches, et al.

 

[firehawk1]

I would have called 911 and told them some vagrant was outside impersonating a police officer and trying to steal my identity. Make a real big stink out of it.

GAWD... the people in hell are drinking ice water! I HAVE to agree with Rambone.

IF in fact the LEO was on private property. In my neighborhood on my side of the street there is no sidewalk so I own clear to the street.

My wife had her identity stolen a few years back. The credit card company called and wanted to know if she had charged $5000 in LA. Thank God they took the charges off. It wasn't caused by something in the trash, but identity theft is a SERIOUS problem. That is why I'd be pi**ed if someone was rifleing through MY trash that obviously didn't look like a vagerant. But even then I'd want to know what the hell they were doing.

 

[Bigum1969]

SCOTUS has, in fact, ruled that a person has no "Expectation of Privacy" when it comes to refuse that has been properly placed for pick up. But,
I've read through the whole thread and have this question.

Where was your trash located? If you HAD put it out to the curb, by law, you have no expectation of privacy and therefore no warrant required for a search.
If, however, your garbage cans were still, let's say on your back steps or just outside your garage door, well away from the curb, then a person (be it LEO or other) must enter your property to gain access. I would think (and INAL) that you may still possess an expectation of privacy in that situation. And if this was the case, the officer may have violated your 4th Amendment rights against unreasonable searches, et al.

I'd like to know as well.

 

[Bigum1969]

I find it hard to believe that a cop can go through my trash w/o a warrant.

 

[Glock18FA]

I find it hard to believe that a cop can go through my trash w/o a warrant.

As posted earlier Trash on the curb is not private property.

Or at least that is what the supreme court says.

 

[Bigum1969]

As posted earlier Trash on the curb is not private property.

Or at least that is what the supreme court says.

Since I live on a private lane, does this make this a moot point?

 

[Stschil]

Since I live on a private lane, does this make this a moot point?

I think part of your answer may lay with your local Law Enforcment Agency. A "Private Lane", such as in a subdivision where the residents pay for upkeep isn't necessarily considered 'Private Property' in a Legal sense. If, however, it were gated and only access was given to residents and no others without permission, I would say YES. Again, I am NOT a Lawyer. Just have some past experience in the LE field, specifically in investigations.

 

[Lex Concord]

"If you see something, say something."

Isn't it heart warming to see how we are happily goose-stepping toward being a nation of snitches like East Germany and the U.S.S.R?

Ioseb Besarionis dze Jughashvili is laughing heartily in his grave.

 

[PatriotPride]

hmmmmmmm. banks and merchants reporting purchases and deposits on its customers to the government and law enforcement. then LE coming and going through your trash on circumstantial evidence.

but we dont live in a police state. nope, sure we dont.

enjoy what you get idiots!

Yep. I don't care who you are. If you are on MY property, going through my trash, then I have every right to have my hand on my weapon and to demand to know who the hell you are. Then you get off my property.

Our financial institutions would NEVER work with the government and law enforcement against us...nope, that's CRAZY CONSPIRACY talk right there.

 

[grimor]

My cousin actually got busted cooking because he threw away all the containers in his trash and the police found them. Not sure if it was the garbage man who called or what. Not a big loss, anyone who does meth or cooks it is a looser. I've never met a meth head I trusted once they started on it.

I actually burn all of my trash, I wonder if they could come on my property and dig in my outside cans that are behind my house since they never go to a curb or get picked up.

 

[PatriotPride]

I find it hard to believe that a cop can go through my trash w/o a warrant.

They can. HOWEVER, if it's on your property, then they can and WILL be told to f*** off. I'd post "No Trespassing" signs so that they are duly warned in the future.

 

[Kirk Freeman]

I find it hard to believe that a cop can go through my trash w/o a warrant.

That's because the Chief Justice of the Indiana Supreme Court lives in Carmel where this does not happen . . . to him.

My suggestion search the Chief Justice's trash, we'd have a much different Article I, § 11 overnight.

 

[PatriotPride]

Here's how I would find out why they're digging through my trash: I'd ask them why they're digging through my trash.

I realize that not everyone has the specialized, highly technical capability to defuse such a volatile situation as a man sifting through garbage - but not every encounter with a stranger has to be looked at as a potential gun fight.

EVERY situation is a potential gunfight. Good grief. Tell you what---I'll come onto your property and start digging through your trash. Tell me that wouldn't cause you to at least have a sidearm as you confront me, the trespasser.