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(Willamette Week)   Portland's top officials say it's OK for police to go through your garbage as it becomes 'public property' when you throw it out. Local rag decides to go through garbage of Portland's top officials to see what they throw out. Hilarity ensues   (wweek.com) divider line
    More: Amusing, well-chewed cigar stub, Mrs. Mark Kroeker, credit-card number, fat-free milk cartons, fat-free cereal boxes, lawyer Stephen Houze, Privacy, political advocacy group  
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22578 clicks; posted to Main » on 09 Jan 2018 at 8:20 AM (3 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2018-01-09 7:43:31 AM  
LOL!  That is so awesome.  I don't even have words for it.
 
2018-01-09 7:43:44 AM  
one set of rules for them, another set of rules for you and me.
 
2018-01-09 7:47:05 AM  

Weaver95: one set of rules for them, another set of rules for you and me.


Live by the trash, die by the trash.
 
2018-01-09 7:59:22 AM  
Anyone would be welcome to go through my trash it's all completely boring.  Just as long as you don't do it about once every three months on the day I clean all the rotten food out of my fridge.
 
2018-01-09 7:59:36 AM  
That's amusing. This is common practice though. It's used by the cops all the time. I didn't know they did random garbage pulls looking for a crimes. It is kinda shiatty.
 
2018-01-09 8:03:15 AM  
Courts have allowed this for a long time. Trash sitting out is fair game because they've decided you have no expectation of privacy for it. This includes shredded documents where the police might take the time to piece it back together.
 
2018-01-09 8:10:01 AM  
this should will the Trolling of 2018 award
 
2018-01-09 8:22:38 AM  
California v. Greenwood; U.S. Supreme Court ruled that 4th amendment protections do not extend to trash cans left out for pickup.
 
2018-01-09 8:23:01 AM  

kevlar51: Courts have allowed this for a long time. Trash sitting out is fair game because they've decided you have no expectation of privacy for it. This includes shredded documents where the police might take the time to piece it back together.


trespassing doesn't apply?  many places have the trash bins on their property
 
2018-01-09 8:26:51 AM  

Hyjamon: kevlar51: Courts have allowed this for a long time. Trash sitting out is fair game because they've decided you have no expectation of privacy for it. This includes shredded documents where the police might take the time to piece it back together.

trespassing doesn't apply?  many places have the trash bins on their property


If the bins are at the street for pickup then they are not on private property.
 
2018-01-09 8:28:41 AM  

freddyV: this should will the Trolling of 2018 award


Trolling of 2002, check the date on the article.
 
2018-01-09 8:28:45 AM  
"She placed her garbage can out in the open, open to public view, in the public right of way," McDonnell told Judge Jean Kerr Maurer earlier this month. "There were no signs on the garbage, 'Do not open. Do not trespass.' There was every indication...she had relinquished her privacy, possessory interest

But you find an unlocked car with the keys in the visor (probably a movie car like Nash Bridges or Harrison Ford) and that's a felony.
 
2018-01-09 8:28:51 AM  
As explained to me by a narcotics cop I knew in Florida, it's not that it's "public" but more that the trash can is generally left on the 15 foot easement the city/county owns.

But cops going through trash is nothing new.  I knew some super small time pot dealers that got busted from stems and seeds in their trash.  I don't know if they were ever convicted but they both lost thier jobs simply over being arrested.
 
2018-01-09 8:31:20 AM  
img.fark.netView Full Size
 
2018-01-09 8:32:03 AM  
img.fark.netView Full Size
 
2018-01-09 8:32:30 AM  
We're upholding our sacred trust as representatives of the Fourth Estate. Comforting the afflicted, afflicting the comfortable.

I really like that line.
 
2018-01-09 8:35:00 AM  

kevlar51: Courts have allowed this for a long time. Trash sitting out is fair game because they've decided you have no expectation of privacy for it. This includes shredded documents where the police might take the time to piece it back together.


Never underestimate a man with a lot of time, and a lot of tape.
 
2018-01-09 8:35:10 AM  
Law & Order: Special Trash Unit
 
2018-01-09 8:35:53 AM  
img.fark.netView Full Size

"Dear Compudater: Welcome to the world of automated compatibility."
 
2018-01-09 8:36:22 AM  
What kind of moran expects their trash to be private? Where does that expectation end? When it is picked up by the truck? When it is at the landfill? Are you allowed to store trash in perpetuity on public land without anyone ever looking in it?
 
2018-01-09 8:38:23 AM  

Carth: What kind of moran expects their trash to be private?


The police chief, da, and mayor.
 
2018-01-09 8:39:20 AM  
img.fark.netView Full Size
 
2018-01-09 8:39:28 AM  

Carth: What kind of moran expects their trash to be private? Where does that expectation end? When it is picked up by the truck? When it is at the landfill? Are you allowed to store trash in perpetuity on public land without anyone ever looking in it?


In 1000 years when an archaeologist digs it up.
 
2018-01-09 8:40:52 AM  
possessory interest

I am going to use that phrase a couple of time today.

Hey! You can't just take that donut off my desk!"
You've lost possessory interest in it
 
2018-01-09 8:42:29 AM  
Some garbage is more equal than others.
 
ZAZ [TotalFark]
2018-01-09 8:42:34 AM  
Some cities say trash or at least recycling becomes city property when it is placed out for collection. That's so they can charge bottle and can recyclers with theft. But looking at trash without taking it should be fine.
 
2018-01-09 8:42:48 AM  
This is a perfect illustration of the ancient rule of Finders Keepers Losers Weepers.
 
2018-01-09 8:43:16 AM  
img.fark.netView Full Size
 
2018-01-09 8:43:30 AM  

BafflerMeal: Carth: What kind of moran expects their trash to be private?

The police chief, da, and mayor.


Well, yea obviously elected officials are idiots. Just look at the president.
 
2018-01-09 8:44:04 AM  

Hyjamon: kevlar51: Courts have allowed this for a long time. Trash sitting out is fair game because they've decided you have no expectation of privacy for it. This includes shredded documents where the police might take the time to piece it back together.

trespassing doesn't apply?  many places have the trash bins on their property


One if the defenses to trespass is justification by law. The police have an exemption to trespass as doing police activities like making arrests and so forth involve one of the elements of trespass, the entering on another's land without permission.
Greenwood vs. California, the case stated above, also set limits on what defined trespass with its usage of curtilage. If it's not within the curtilage of the house (within a narrow band around the house, not including unattached structures or buildings), it's not considered trespass or a violation of the 4th Amendment, as it's not part of the house.
There's trespass to property, but the Courts state that if it's trash, you don't want it and therefore you gave up all your property rights and any other rights associated to it. Therefore, it's fair game to anyone.
 
2018-01-09 8:47:02 AM  
Look, if some one leaves Lindsey Lohan at the curb, she's mine.

Until I chuck her out.
When she's full.
 
2018-01-09 8:48:17 AM  
Reminds me of Ricky going trash picking on Trailer Park Boys.
 
2018-01-09 8:48:26 AM  

Kuta: [img.fark.net image 280x210]


Wut?
 
2018-01-09 8:49:07 AM  

Harry Freakstorm: "She placed her garbage can out in the open, open to public view, in the public right of way," McDonnell told Judge Jean Kerr Maurer earlier this month. "There were no signs on the garbage, 'Do not open. Do not trespass.' There was every indication...she had relinquished her privacy, possessory interest

But you find an unlocked car with the keys in the visor (probably a movie car like Nash Bridges or Harrison Ford) and that's a felony.


Trash implies you don't want it anymore. That means you lose all possessory interests to it.
Cars, on the other hand, even if the doors are unlocked and keys are in plain sight, are considered someone's property until the owner relinquishes title. The person owning the car still has ownership rights to it. Big difference.
 
2018-01-09 8:49:45 AM  
The DA was the only one who seemed aware enough of things not to embarrass himself. The chief at least knew what was going on, but still made a scene, and the less said about the mayor, the better. Sheesh.
 
2018-01-09 8:49:52 AM  

eyeq360: Hyjamon: kevlar51: Courts have allowed this for a long time. Trash sitting out is fair game because they've decided you have no expectation of privacy for it. This includes shredded documents where the police might take the time to piece it back together.

trespassing doesn't apply?  many places have the trash bins on their property

One if the defenses to trespass is justification by law. The police have an exemption to trespass as doing police activities like making arrests and so forth involve one of the elements of trespass, the entering on another's land without permission.
Greenwood vs. California, the case stated above, also set limits on what defined trespass with its usage of curtilage. If it's not within the curtilage of the house (within a narrow band around the house, not including unattached structures or buildings), it's not considered trespass or a violation of the 4th Amendment, as it's not part of the house.
There's trespass to property, but the Courts state that if it's trash, you don't want it and therefore you gave up all your property rights and any other rights associated to it. Therefore, it's fair game to anyone.


Would be interesting to try to challenge this that, as it is a Constitutional right, the police need probable cause, or at least reasonable suspicion, to spur a search. It is a reach to say that you have given up your rights when you do or do not know what rights you need to retain in order to prevent the search. The Bill of Rights, being a government power-limiting document, should assume this stance. 

Or, shall I put a placard on my rubbish bin stating, "all rights reserved"?
 
2018-01-09 8:52:17 AM  

Mad Scientist: Anyone would be welcome to go through my trash it's all completely boring.


No one is innocent. A Kansas family was seen at a hydroponics store so police went through their garbage. Som plant material field tested positive as marijuana so a tactical response was in order. Turns out the pot was loose leaf tea and field test are crap. So better eat that kale than through it out. (story)
 
2018-01-09 8:52:23 AM  
On the one hand, yeah, once you throw something away, it's technically no longer yours.

On the other hand: "Then we spread some highlights from our haul on the table in front of him. "This is very cheap," [the police chief] blurted out, frowning as we pointed out (things)"

HAHAHAHA YOU farkING HYPOCRITE!
 
2018-01-09 8:54:13 AM  

The Lurker at Your Threshold: Kuta: [img.fark.net image 280x210]

Wut?


It's the woman (Gina Hoesly) who was originally arrested based on evidence found in her trash.
 
2018-01-09 8:55:46 AM  
Back in March, the police swiped the trash of fellow officer Gina Hoesly. They didn't ask permission. They didn't ask for a search warrant. They just grabbed it. Their sordid haul, which included a bloody tampon, became the basis for drug charges against her (see "Gross Violation," below).


So...who squeezed the bloody tampon? Police are nasty.
 
2018-01-09 8:58:24 AM  
Interesting.

I assumed what you threw out was fair game. Fortunately we have communal bins so you can't prove that stuff is mine hehehe.
 
2018-01-09 8:58:47 AM  
Also, I thought my mom was being paranoid shredding every last single scrap of paper that had some kind of personally identifying record on it. Now I'm thinking I need to invest in an industrial shredder.
 
ZAZ [TotalFark]
2018-01-09 9:01:35 AM  
Pour bottled essence of putrefaction in your trash bag before you seal it. (Outside, on a windy day.)
 
2018-01-09 9:03:42 AM  

MechaPyx: Also, I thought my mom was being paranoid shredding every last single scrap of paper that had some kind of personally identifying record on it. Now I'm thinking I need to invest in an industrial shredder.


My sister had her identity stolen from somebody taking her recycling/rubbish.

Your name and address are the cornerstone of your 'identity' (in this context) and getting those things is the first step in stealing your identity.
 
2018-01-09 9:05:17 AM  
Oh good. Now anyone can frame anyone. Look! Cocaine in that guys garbage!

Swatting taken to a brand new level.

So anyway: There's government for you. Carefully monitoring your life for the slightest violation. What's the slightest violation? Whatever they say it is. Good luck.

img.fark.netView Full Size
 
2018-01-09 9:05:34 AM  

gonegirl: The Lurker at Your Threshold: Kuta: [img.fark.net image 280x210]

Wut?

It's the woman (Gina Hoesly) who was originally arrested based on evidence found in her trash.


Ah.

Heh. That's an unfortunate name.
 
2018-01-09 9:05:43 AM  

BafflerMeal: Carth: What kind of moran expects their trash to be private?

The police chief, da, and mayor.


Actually, the DA seemed like a good sport about it.
 
2018-01-09 9:06:02 AM  
Items are placed in the trash for the express purpose of disposal/destruction. You're ceding ownership under the condition that the party responsible for its disposal will do so. If you were making it "public property" you'd put a "FREE" sign on it. I'm no legal expert, but that's how I'd interpret it. A company that disposes of sensitive documents does not own those documents. They're being given a very specific set of instructions by the actual owner of the sensitive documents. Same goes for trash.
 
2018-01-09 9:06:20 AM  

casual disregard: On the one hand, yeah, once you throw something away, it's technically no longer yours.

On the other hand: "Then we spread some highlights from our haul on the table in front of him. "This is very cheap," [the police chief] blurted out, frowning as we pointed out (things)"

HAHAHAHA YOU farkING HYPOCRITE!


The comeback line, of course, is "Then why do the police do it?"
 
2018-01-09 9:08:37 AM  
"Ms. Peki, are you aware that someone in your household has an extensive weed habit?" 

"Yup, that would be me. Come have some coffee with me and I'll tell you why." 

Wouldn't be afraid. Not in the slightest.
 
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