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Iowa Supreme Court bars warrantless police searches of trash

A divided Iowa Supreme Court has banned police from searching people’s uncollected trash without a warrant. The investigative technique had been used for decades.

Posted: Jun 18, 2021 1:35 PM

IOWA CITY, Iowa (AP) — A divided Iowa Supreme Court on Friday banned police from searching people’s uncollected trash without a warrant, outlawing an investigative technique that had been used for decades.

The court ruled 4-3 that officers commit an unreasonable search and seizure under the Iowa Constitution when they look for evidence of crimes in trash left for collection outside homes.

The tactic amounts to an unconstitutional trespass on private property and violates citizens’ expectations of privacy, especially in cities that have ordinances barring residents from accessing others’ trash, Justice Christopher McDonald wrote for the majority.

“We do not question the utility of warrantless trash grabs for the purposes of law enforcement, but the utility of warrantless activity is not the issue under our constitution,” he wrote, adding that “garbage contains intimate and private details of life.”

The ruling overturned Iowa courts' long adherence to a 1988 U.S. Supreme Court decision that found the U.S. Constitution’s Fourth Amendment does not prohibit the search of garbage outside one’s home.

With Friday’s ruling, Iowa joins a small number of other states that have limited trash searches by holding that their state constitutions provide greater protections than the U.S. Constitution against warrantless searches. They include Oregon, New Hampshire, Vermont, Washington, New Mexico and New Jersey, according to Friday's decision and news reports.

In a sign of the ruling’s impact, the court sent two cases of people convicted of drug crimes based partly on trash searches back to lower courts to determine whether the evidence should be thrown out.

Dissenting justices, including Chief Justice Susan Christensen, warned that the decision was out of step with the vast majority of states and outlawed a tactic used to gather evidence of drug manufacturing and dealing. They said people have no expectations of privacy when they put their trash on the curb.

The majority’s reasoning — that officers can’t use investigative techniques that would be illegal for private citizens — is nonsensical and calls into question the legality of several other law enforcement practices, dissenting justices said.

Christensen said the reasoning would invite legal challenges against officers who make warrantless traffic stops, search private property and seize guns under emergency or other circumstances that have long been allowed by courts.

“Unfortunately, our state law enforcement officials are now left with a guess-and-see approach to many actions previously considered lawful, undermining public safety in the process,” Christensen wrote.

The ruling came in the case of a Clear Lake man whom a police officer was investigating on suspicion of dealing drugs. The officer twice rummaged through the man's trash in a public alley outside his home and found items that later tested positive for morphine and cocaine, and several pounds of poppy seeds.

The officer used that information to obtain a warrant to search the home, where police found a small amount of marijuana and Vyvanse, a prescription drug for which he did not have a prescription. The man was convicted of misdemeanors and sentenced to two days in jail.

The second case impacted Friday involved a Dixon man who was convicted of possession of marijuana with intent to deliver. His home was searched pursuant to a warrant after deputies rummaged his trash and found evidence of marijuana purchases from a dispensary in Colorado.

Dissenting Justice Thomas Waterman said trash searches can help shut down meth labs and other “societal scourges.” He said banning them in state investigations would lead to more federal drug prosecutions, which carry longer prison sentences.

“Offenders facing federal time without parole likely won’t view today’s decision as advancing their civil liberties,” he said.

Minnesota Coronavirus Cases

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Cases: 611458

Reported Deaths: 7753
CountyCasesDeaths
Hennepin1267881800
Ramsey53242911
Dakota47375477
Anoka43381465
Washington27752296
Stearns22721227
St. Louis18312319
Scott17735139
Wright16589153
Olmsted13557103
Sherburne1217196
Carver1077049
Clay830192
Rice8270111
Blue Earth772144
Crow Wing690599
Kandiyohi671785
Chisago628254
Otter Tail591787
Benton587198
Goodhue486474
Douglas479581
Mower478234
Winona465052
Itasca463368
Isanti446967
McLeod435461
Morrison428562
Beltrami411463
Nobles410650
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Polk391172
Becker389657
Lyon365854
Carlton357158
Freeborn352634
Pine337923
Nicollet334645
Mille Lacs315556
Brown309040
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Marshall89017
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Norman5509
Kittson49122
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Traverse3835
Lake of the Woods3494
Cook1740

Iowa Coronavirus Cases

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Cases: 376815

Reported Deaths: 6122
CountyCasesDeaths
Polk59215646
Linn21567342
Scott20530250
Black Hawk16850320
Woodbury15378230
Johnson1479586
Dubuque13627215
Dallas1150699
Pottawattamie11393177
Story1092548
Warren594392
Clinton565894
Cerro Gordo564898
Webster546397
Sioux520574
Muscatine4956106
Marshall493679
Des Moines481776
Jasper454273
Wapello4402124
Buena Vista432340
Plymouth405782
Lee396958
Marion372378
Henry301737
Jones301357
Bremer294663
Carroll287252
Boone273735
Crawford273541
Benton264255
Washington261051
Dickinson251145
Mahaska235151
Jackson225943
Kossuth222166
Clay217927
Tama213872
Delaware213343
Winneshiek201337
Buchanan197834
Page195722
Cedar194323
Hardin192544
Wright191240
Hamilton189251
Fayette188943
Harrison182873
Clayton173258
Butler169135
Madison168019
Floyd165242
Mills164724
Cherokee162238
Lyon161241
Poweshiek159836
Allamakee156452
Hancock154034
Iowa149124
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Calhoun144813
Cass142155
Grundy139733
Emmet137341
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Sac133320
Shelby132238
Louisa130749
Union129535
Franklin129223
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