That Probable Cause Is Garbage! (October 15, 2018)
Jeff Welty
It is settled law that the police may rummage through a person’s trash once it is put out to the curb for collection. “Trash pulls” are a routine part of drug investigations, where sufficient evidence of drug activity found in the garbage may support a search warrant for the associated residence. But how much evidence is enough? For example, if a person’s garbage contains the remains of a single marijuana cigarette, does that provide probable cause to believe that further evidence of drug activity will be present inside the house?