Let's talk trash

[steff]

www.wweek.com/portland/article-1616-rubbish.html-2



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).

The news left a lot of Portlanders--including us--scratching our heads. Aren't there rules about this sort of thing? Aren't citizens protected from unreasonable search and seizure by the Fourth Amendment?



After much debate, we resolved to turn the tables on three of our esteemed public officials. We embarked on an unauthorized sightseeing tour of their garbage, to make a point about how invasive a "garbage pull" really is--and to highlight the government's ongoing erosion of people's privacy.

We chose District Attorney Mike Schrunk because his office is the most vocal defender of the proposition that your garbage is up for grabs. We chose Police Chief Mark Kroeker because he runs the bureau. And we chose Mayor Vera Katz because, as police commissioner, she gives the chief his marching orders.

Each, in his or her own way, has endorsed the notion that you abandon your privacy when you set your trash out on the curb. So we figured they wouldn't mind too much if we took a peek at theirs.

Boy, were we wrong.

[Sharon]

Just an FYI this article is from 2002.  I had to go back and look since Vera Katz has not been mayor in some time and just recently passed away.  Doesn't mean it isn't a good topic for discussion just think people just realize the age of the article.

[mollyanna58]

Interesting.  Also 15 years old.

My understanding is that once garbage is placed at the curb for pickup, it belongs to the municipality.  It's the same as when a suspect throws out a used coffee cup or piece of gum, which the police collect and DNA test.

The hypocrisy of the officials, however, is appalling.

[steff]

ooops, I read the whole thing & never caught that it wasn't recent.  My bad.   But it was a realllllly interesting read. 

[andi9899]

Man! I thought we were actually going to talk trash!

[mmhmm]

Jan 9, 2018 16:23:02 GMT -5 andi9899 said:

Man! I thought we were actually going to talk trash!

LOL! We can do dat! Mine's full of cat food cans, paper towels and various packaging. What's yours got in it? 

[andi9899]

Jan 9, 2018 16:46:56 GMT -5 mmhmm said:

Jan 9, 2018 16:23:02 GMT -5 andi9899 said:

Man! I thought we were actually going to talk trash!

LOL! We can do dat! Mine's full of cat food cans, paper towels and various packaging. What's yours got in it? 

That's not the kind of trash talk I meant.

[Jaguar]

Oh geez my dishes are so dirty, does that count?

[andi9899]

I can't with you people.

[Jaguar]

Jan 9, 2018 17:08:33 GMT -5 andi9899 said:

I can't with you people.

Oh thank you !

[Rob Base 2.0]

yo mamma is so......

oh; not that type of trash talk? :-(

[weltschmerz]

Jan 9, 2018 16:46:56 GMT -5 mmhmm said:

Jan 9, 2018 16:23:02 GMT -5 andi9899 said:

Man! I thought we were actually going to talk trash!

LOL! We can do dat! Mine's full of cat food cans, paper towels and various packaging. What's yours got in it? 

You don't recycle or compost?

[Virgil Showlion]

Has anything changed in the past 15 years in regards to police rights to dumpster dive?

[busymom]

Sometimes the very best way to show a law is stupid, is to turn it onto the folks who think a law is a "good idea".  This was a brilliant idea for a news article, no matter how many years ago it was done.  

[mroped]

If the trash is on the curb and it belongs to the municipality or the trash company, how can they prove that said trash belongs to me? It’s the town’s or the company’s trash so not mine anymore!
Can I claim that in such case my trash has been “tainted” since its not in my possession anymore? I’m pretty sure that the trash collectors are not agents of the state or if they are can they prove that they followed proper protocol? Do they have an independent party that witnessed the collecting and can prove his/her impartiality in the process?
If it’s argument that we are looking for let’s just say that seed for one is always present!

[Virgil Showlion]

I'm torn on the law because, having digested more than a few real life forensics shows, I know the police make use of the trash loophole to collect DNA and fingerprints that assist immensely in their investigations.

It's not just a Hollywood gimmick where officers follow a suspect or even give one something to eat or drink, wait until he throws something away (or leaves something behind), and then collect the discarded item for forensic analysis. They do so because they don't have probable cause to compel the suspect to yield a sample. While it's an invasion of privacy, it's one I'd personally tolerate for the greater good, especially in a homicide or rape case.

The story in the OP pushes things further by having police routinely spelunking through people's trash looking for evidence of minor crimes like drug possession. But the law can't distinguish between the two cases. Either warrantless trash searches are an invasion of privacy or they aren't, and the good and bad are either kept or thrown out together.

[grits]

I have been recovering from the flu, and a bad chest cough for four weeks.  You can dig through my trash all you want.  I guarantee you'll be sorry. 

[dondub]

I have 'recovered' numerous useful items from my apt. building dumpster over the years. This is usually by complete accident when visiting to get the laundry quarters

and needing to adjust the dumpster lid because of uneven  loading. Right now there is a great cat basket on the back porch and an autographed Mariners baseball from

the Lou Pinella/Griffey era that is in Dubette #2's BR. Lots of other usable stuff but that's all I can remember now.