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Your garbage fair game for police, court rules

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posted on Apr, 10 2009 @ 08:10 PM
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Your garbage fair game for police, court rules


www.thestar.com

Police are free to search through a person's garbage without a warrant, even if it means crossing a residential property line, the Supreme Court of Canada has ruled.

In a 7-O ruling today, the court said a former national swim star had no reasonable expectation of privacy in the contents of the trash set out for collection at the edge of his yard.

Police say combing through garbage is an importance investigative technique that's helped uncover everything from murder weapons to DNA.
(visit the link for the full news article)


Related News Links:
www.allheadlinenews.com
www2.canada.com
www.calgaryherald.com




posted on Apr, 10 2009 @ 08:10 PM
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I've been watching this wondering how the Supreme Court was going to rule. This is what I had expected. Your trash, when set out for pick up, is fair game to Law Enforcement.

They did leave a loop hole open though for future challenges.

One Justice said,


"Until the garbage is placed at or within reach of the lot line, the householder retains an element of control over its disposition and cannot be said to have unequivocally abandoned it, particularly if it is placed on a porch or in a garage or within the immediate vicinity of the dwelling,"


While another said,


Individuals who put out their household waste as 'garbage' expect that it will reach the waste disposal system: nothing more, nothing less," she said.

"No one would reasonably expect the personal information contained in their household waste to be publicly available for random scrutiny by anyone, let alone the state, before it reaches its intended destination."


I'm a little torn on this as it leaves us open to possible privacy abuses but also agree that if the Police have enough evidence to suspect a crime has/is being committed, they should have this ability. I do believe they should have to get a warrant to seize trash and shouldn't be able to just pick it up off the curb if it is still on your property.

Here's the SC judgement for those of you who like Legalese like myself.

scc.lexum.umontreal.ca...

www.thestar.com
(visit the link for the full news article)

[edit on 10-4-2009 by GAOTU789]



posted on Apr, 10 2009 @ 08:32 PM
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The police want to control us, as if we're their slaves. If we're not allowed to dive in their trash & try to find evidence against them, then they shouldn't bother coming on our property.

[edit on 10-4-2009 by News And History]



posted on Apr, 10 2009 @ 09:12 PM
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If you have something in your garbage that you don't want the cops finding, then take it your self out to the dump instead of in plain view on the edge of public property.
It's called common sense unless you're too dumb and lazy to do it yourself.
The same applies to crooks mooching through your garbage for documents with your personal information on it, once you put it there on the curb, then it's anyone's fair game cop or crook.



posted on Apr, 10 2009 @ 09:22 PM
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reply to post by spec_ops_wannabe
 


Completely agree.

A lot of people pay no attention whatsoever to what they put into their trash. Any smart criminal would never deposit something that could be used against them into their trash to put out onto the side of the road for pick up. It be easier just to hand to the police.

The SCC said the same thing in making this unanimous decision. The trash was open to anyone that passed by, whether they be bottle collectors or the police.



posted on Apr, 10 2009 @ 09:43 PM
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Originally posted by GAOTU789

I do believe they should have to get a warrant to seize trash and shouldn't be able to just pick it up off the curb if it is still on your property.


Wouldn't that also mean that the garbage collector would be in the 'they' and have to get a legal warrant before picking up your refuse, which is classified by yourself as worthless anyways, otherwise it wouldn't be where it is?

Refuse: (n) something that is discarded as worthless or useless; rubbish; trash; garbage.



posted on Apr, 10 2009 @ 09:43 PM
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Its been this way in the states for ages and im amazed at what people casually chuck into the trash. Being the paranoid that I am anything that has my mane etc on it goes intot he confetti shreder and then is composted



posted on Apr, 10 2009 @ 09:48 PM
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I guess that people haven't caught on that the police will rifle thru your trash if they thought they could find something against you in a case.

If you don't want them to find it, you need to get rid of it another way. Like those dead hookers I have buried.....

Opps, that's better left unsaid.



posted on Apr, 10 2009 @ 09:54 PM
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reply to post by Ferris.Bueller.II
 


The garbage men aren't looking for something to prosecute you with. They're just doing their job and collecting trash to dispose of.

The police/government are looking for evidence to use against you. The way they collect it has to be legal otherwise it's invalid.

[edit on 10-4-2009 by GAOTU789]



posted on Apr, 10 2009 @ 10:07 PM
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I thought this was already legal, assuming that the trash had left your property. In any event, don't throw anything private, self-incriminating, or otherwise embarrassing out where anybody, police, neighbour, or criminal, can find it.



posted on Apr, 10 2009 @ 10:11 PM
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The limits of personal privacy are the cutting edge of freedom.

Tragically, there is no denying the logic, that in order to catch a criminal, you must be able to collect evidence.

Further tragedy comes when the premise of law enforcement becomes that you ARE a criminal from whom they just haven't collected evidence yet.



posted on Apr, 10 2009 @ 10:14 PM
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I wonder how long it would take to get arrested rooting through the police stations garbage ?

..... you wouldn`t have enough time to get ink on your fingers


[edit on 10-4-2009 by UmbraSumus]



posted on Apr, 10 2009 @ 11:21 PM
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I'll be sure after I shred my personal papers to add a few scoops of kitty litter to the bag.
Let them sift through that.

Where I live, is a townhouse complex and all our garbage goes into one large bin. Good luck going through that to pin something on anyone. And for as long as I have lived here, we have been told that as soon as you place your garbage out, it becomes the property of the city.
Hence, whatever you find..it ain't mine anymore.



posted on Apr, 10 2009 @ 11:29 PM
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This sint new news...this ahs always been around, to my knowledge. I cant think of one cop that would actually get dirty, goign through someones refuge, unless they physaically saw soeone ditch something in thier, If its jsut specualtive, i really doubt any cop is gunna go through thier way, to rip some hefty cinch sacks open, risking getting poked with used needles, sharp can lids, and rotting food.



posted on Apr, 10 2009 @ 11:30 PM
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This does giv me an idea for those that would like to fight back at this ruling though...
instead of using the toilet,, use the garbage
at leat leave em leaving with something they wish they never found



posted on Apr, 11 2009 @ 12:03 AM
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Sadly I have been on "Garbage Detail" before..

While it is not pretty, it is a very useful investigative technique and I have personally used it to good effect in the prosecution of any number of cases.

While the Supreme Court has made it's ruling, it is the policy of my department that the trash must be "Off The Property" prior to us going through it.

When in cases like this, it is always better to err on the side of caution.

Semper



posted on Apr, 11 2009 @ 12:11 AM
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Semperfortis, yeah that's the same policy they have at the Police department near where I live. Not until the edge.
That's what was taught to us in my years as a Law Enforcement Explorer, nice memories though I'll be leaving the post in June or July.



posted on Apr, 11 2009 @ 09:42 AM
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Well for once I agree with the Police Department.

And indeed valuable clues can be gained from trash analysis.

What more is there to say? You don't want people looking through your garbage?

Dispose of it elsewhere, shred it/burn it/vaporise it, or keep your garbage bins on your property until collection day.



posted on Apr, 11 2009 @ 09:49 AM
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Didn't Americans learn anything from the Clinton and Bush administrations?

Shred and incinerate all documents and evidence... Never throw it in the trash.

Beware the dumpster diving cops.



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