Is trash private?

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south-dakota.jpg  South Dakota’s highest court isn’t sure.  Up for debate this week is whether or not cops have the right to root through our trash cans without reasonable suspicion that the waste creator in question has committed a crime.  Personal privacy and the state’s right to limit it seem to be a hot topic in good ol’ SD.  

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One Response to “Is trash private?”

  1. kimberly Says:

    Hmmmm. A hard call, and therefore, fascinating. I’m inclined to protect privacy, but when ya’ throw stuff out it seems you willingly surrender parts of it.

    But, if courts have previously found that original owners of discarded trash have first right of reclamation if they change their mind about shit they’ve thrown away, then I think that would be some basis for defense-lawyer types and privacy advocates to argue that there’s some kind of trash-right-of-return and inherent fifth amendment issue that would mean cops would have to show due cause.

    Or so my undergrad legal studies logic leads me to believe.

    And, from your tech-retarded, would-be guest blogger – welcome back!

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