July 31, 2024

Garbage Pirates Or Government Intrusion?

West Port Angeles experienced garbage thefts one week ago and some of you might be wondering why it is labeled here as “thefts.”

Regardless if it is private scavengers or City Hall Employees playing garbage cop or actual cops randomly searching without actually having a warrant, no one is to rummage around in garbage cans regardless of where the cans are located more so if the cans are located at the time of the thefts, on private property.

Even curbside, ready for pick up, such as in Boland, WA ST Const Art 1 Sec 7 prohibits The Government from rummaging through private refuse and intrude into 'private effects' absent clear, probable cause.

Local Public Works Staff have no authority to come onto private property even if they see a violation such as an overloaded trash can, their only authority is to send some sort of 'cease and desist' then revoke the privilege or charge an extra fee for more frequent pick ups, 'they' can not 'search and seize' items. Only a building inspector has authority to come onto property and only, after clear notice and must have reason.

WA ST Const Art 1 Sec 7

Invasion of Private Affairs or Home Prohibited No person shall be disturbed in his private affairs, or his home invaded, without authority of law.

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

State and Federal law requires Government to obtain a warrant but that is not the end of it.

State of Washington v. Boland, 115 Wn.2d 571, 88 P.2d 1112 (1990)…warrantless search of his garbage…violated the fourth amendment to the United States Constitution and Const. art. 1, § 7.

In State v. White, 97 Wn.2d 92, 640 P.2d 1061 (1982), we expressed the mandatory nature of the exclusionary rule in cases where a person's privacy rights under Const. art. 1, § 7 have been violated:

The proper and regulated collection of garbage, as evidenced by ordinances such as Port Townsend's (cited above), is as necessary to the proper functioning of modern society as is the telephone company. While a person must reasonably expect a licensed trash collector will remove the contents of his trash can, this expectation does not also infer an expectation of governmental intrusion. We therefore reverse the Court of Appeals.

Not even law enforcement can rummage through garbage absent a warrant, the evidence in the cases above were tossed due to unlawful search of, that's right, garbage.

In Boland, it was The State that appealed the Trial Court's tossing of the seized evidence.

Of course The WA ST Const and Fourth Amendment only applies to Government, but private individuals can be charged with trespassing and 'privacy invasion' under certain Statutes.

RCW 9A.52.080 Criminal trespass in the second degree.

No one, has a right to enter private property, much less rummage through private effects.

July 31, 2024 5:22am