Legal Question in Criminal Law in Minnesota

Re: stolen trash

Law enforcement may search garbage without a warrant if it is at the curb for pick up. The courts have ruled that there is no expectation of privacy in garbageplaced for pick up.

To search the garbage that was located on private property would require a warrant. If there was no warrant, any evidence seized could likely be suppressed at trial.

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Re: stolen trash

The courts would look at whether the owner of the property ("trash") has a reasonable expectation of privacy to the items. If it was in the trash container waiting pickup for disposal, the govenment would argue that it was abandoned, with no reasonable expectation of privacy, and so no warrant required (I would still argue against this). But, if it was in "his yard" not appearing to be left for trash removal, then he (his lawyer) could argue that it was an illegal search and should be suppressed as illegal.