Aden Holloway’s Trash Can

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Aden Holloway has a cat…?

So he’s a dumb frick AND a pussy.

Got it.

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there is generally no reasonable expectation of privacy in trash placed in a publicly provided or accessible trash can. Once trash is left for collection in a public area, it is considered abandoned, allowing police and the public to examine its contents. The Supreme Court ruled in California v. Greenwood (1988) that garbage left for pickup lacks privacy protection.

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Key issues and defenses in trials include:

1. Illegal Search and Seizure (Curtilage and Access)

Curtilage Violations: Trash is protected if it remains within the "curtilage" of a home—areas intimately linked to the home, such as a backyard, fenced area, or a can sitting next to a garage. If officers trespass onto private property to retrieve the trash rather than taking it from the curb, evidence can be suppressed.

Officer/Third-Party Conduct: Challenges are raised if officers (or contracted trash collectors acting as their agents) unlawfully access closed containers on private property.

2. Probable Cause and Evidentiary Weaknesses

Insufficient Evidence: A significant point of contention is whether a single "dirty" trash pull (e.g., finding small amounts of residue) is sufficient to establish probable cause that evidence of a crime exists inside the home. Courts have expressed that small amounts of marijuana or drug paraphernalia may only prove past usage, not current possession of larger quantities.

Stale Evidence: If a long period passes between the collection of the trash and the application for a warrant, the evidence may be considered "stale," making the warrant invalid.

Lack of Connection to Resident: Evidence found in a trash can might not be clearly connected to a specific person in the home, particularly in cases involving roommates or guests.

3. Reliability and Identification

Contamination and Chain of Custody: The trash may be contaminated or misidentified, leading to disputes about whether the trash actually belonged to the suspect, especially in communal, shared, or alley-side containers.

Fabrication of Evidence: Defense attorneys may argue a Franks hearing is necessary if they can provide a "substantial preliminary showing" that an officer made false statements or omitted material facts in the warrant affidavit (e.g., failing to note the trash was on private property).

4. State Constitution Protections
Several state supreme courts have rejected California v. Greenwood, holding that warrantless trash searches violate state constitutional rights. These states include:

New Hampshire
New Jersey
Hawaii
New Mexico
Vermont
Washington

5. "Abandoned" Requirement
The trash must truly be considered "abandoned" for collection to be fair game. If the trash is not placed for collection, or if the collector has not yet arrived in a manner consistent with public pickup, the search may be considered premature.

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