Your garbage fair game for police, court rules

One thing is for sure, never throw letters with your name and details on it, into the trash.

That is something everyone should know not to do.

I just wanted to point out that this is the Canadian Supreme Court that made this ruling.

As far as I understand it, this was a huge grey area until this high profile case started to work it's way through the Courts. Before this, some cases the evidence was admissible, in others it wasn't. Now the Police have a firm SC ruling to work with.

This reminds me...

...that anything I put into the "garbage bin" on my Computer isn't gone either. It can be retrieved.

[edit on 11-4-2009 by Skyfloating]

reply to post by GAOTU789


I'm really surprised that it has taken your system this long to make a ruling on this...

This practice is VERY common and a good tool in the fight against crime..

Semper

Originally posted by Skyfloating
This reminds me...

...that anything I put into the "garbage bin" on my Computer isn't gone either. It can be retrieved.

[edit on 11-4-2009 by Skyfloating]

I think, think mind you the NSA spec is to delete it then write something over the disk sector and delete it 5 times.

Oh and yes im paranoid but when a drive fails on me or I trash a computer the hard drive comes out and is taken apart and the disks themselves are destoryed

reply to post by Skyfloating


Fred is right.

This reminds me...

...that anything I put into the "garbage bin" on my Computer isn't gone either. It can be retrieved.

Get yourself a File shredding program like Lavasoft Privacy Tools.

Use any algorithm with more than 3 overwrite passes. Either NCS, USAF, NSA 130-01, or DOD Sanitizer and you'll be safe.

Or get yourself a solid-state HD next time you upgrade and you won't have to worry about those privacy issues.

If you're really tinfoil use Peter Gutmann's file shredding algorithm: 35 passes of overwriting.

[edit on 11/4/09 by The Godfather of Conspira]

Originally posted by Skyfloating
...that anything I put into the "garbage bin" on my Computer isn't gone either. It can be retrieved.

You can shred/burn your trash, but all of the ones and zeros on your hard drives belong to them.

reply to post by Walkswithfish

You can shred/burn your trash, but all of the ones and zeros on your hard drives belong to them.

Not if they're overwritten with meaningless junk.

It would take a very competent data forensics team with a lot of money to try recover anything substantial after it's been overwritten 3 or more times.

reply to post by The Godfather of Conspira


Backing up online?

Connected to the Internet?

They already have your ones and zeros!

Honestly in the US when the trash in your house then you have the expectation of privacy. But once you toss that trash in the trash can all expectations of privacy are out the window, which it should be. If you trying to get rid of evidence and resort to tossing in the trash can, you need to go to jail.

Originally posted by Walkswithfish
reply to post by The Godfather of Conspira

 

Backing up online?

Connected to the Internet?

They already have your ones and zeros!

thats why you should keep one computer offline, the people for the most part cannot get to it then. Unless there is some sort of wireless bult into cards or mb, that i am not aware off.

reply to post by Walkswithfish

Backing up online?

Connected to the Internet?

Firewall? Port-blocker? Hijack-detection supported modem? DMZ? Proxies?

There's a million ways to counter that too.

reply to post by The Godfather of Conspira



And all have convenient back doors as do all operating systems, Internet browsers etc.

Eliminating paper trash and real evidence is easy, hiding criminal activity on a computer is virtually impossible.

Test this theory, I dare you!

Let's face it, if they want your DNA, they will get it.

They will manipulate ANYTHING THEY WANT in order to shed you in whatever light they deem fit.

BE CAREFUL...

Shred and recycle plastic and paper and compost what you can. Dispose of it yourself.

These few things help me sleep that much better at night.......

reply to post by semperfortis


Law Enforcement has been using this for quite a while, it was just a grey area as far as the legal system was concerned. Some times the judge said yes to the evidence, sometimes they said no. It depended on their own personal interpretation of "expectation of privacy" and the calibre of defence lawyer arguing it. This particular case began back in '03 working it's way through the court system.

As far as I know, most PD's used the same guideline as yours, wait till it was off property to seize it.

While the police/government and identity theives are free to comb through our garbage, if I were to go digging through someone's trash I would be arrested for scavenging.

That just ain't right.

They should have to have a warrant based upon reasonable cause.

Otherwise it's a violation of property rights and invasion of privacy.

Originally posted by slimpickens93
While the police/government and identity theives are free to comb through our garbage, if I were to go digging through someone's trash I would be arrested for scavenging.

That just ain't right.

They should have to have a warrant based upon reasonable cause.

Otherwise it's a violation of property rights and invasion of privacy.

Once the trash leaves your property it is no longer "yours" and is fair game. What bothers me about the snippet from the OP, It states even if they have to cross your property line.

If they cross your property and take something off your land without a warrent it *should* be no good in court against you.

There are many ways they could get around this without a warrent I will give you a example. When you start paying for your trash service to collect and remove the trash you are giving that company permission to come on your land and get the trash. Now I am sure this would not hold up in a court of law but if the law officer that took the trash from your land was "employed" for just that day thru the service that you use then sure it would be legal for him to get your trash without a warrent as he was a "employee" for the company you use at the time he took the trash.

Granted that would be alot of work to get something against you that could be done easier with a warrent.

But again when the trash is still on your propety it is yours. Once it leaves your property is no longer yours.

My God do I ever feel sorry for any poor SOB cop that drew the job of going through my trash. We've got two toddlers, both still in diapers. Frequently, in the rush of the day and especially if the bag is just about to be taken to the cans, a diaper gets tossed in unclosed and sunny side up. I'm of the belief that next to the smell of a rendering plant, old bong water, and a hog farm nothing in the world stinks as bad as a bag of dirty diapers... and on some days the diapers eclipse even the hog farm for pure quality of stench.

If they can stomach that while burrowing through my garbage enough to find those matress and pillow tags I compulsively tear off and stuff in my pockets to dispose of when I get home, then I suppose they're free to bring the charges.