Is there an expectation of privacy in a common area paper recycle bin in a federal government office?
Washington, DC
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Posted 5 months ago in Privacy
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Is there an expectation of privacy in a common area paper recycle bin in a federal government office? The search is not condcuted by law enforement and it is not designed to circumvent law enforcement. The search is to ensure people are not trying to recycle work material that might not be publically available due to the nature of the material itself.
The recycle bin is in a common area, it is not monitored, and the garbage men take it away on an infrequent basis.
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Is there case law to cite supporting the opinion? Answers (1)Pamela Koslyn
This attorney is licensed in California.
Posted 5 months ago.
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There is no expectation of privacy in anything thrown away, and I imagine this would be extended to material thrown in a public bin for recycyling.
The U.S. Supreme Court has ruled that the police may legally search, without a search warrant, trash or garbage that individuals put out for collection. California v. Greenwood, 486 U.S. 35 (1988). But at least five state supreme courts have held that their state constitution prohibits search of garbage without a warrant: California. People v. Krivda, 486 P.2d 1262 (Calif. 1971), vacated and remanded, 409 U.S. 33 (1972), reaff'd, 504 P.2d 457 (1973), cert. denied, 412 U.S. 919 (1973). Hawaii. State v. Tanaka, 701 P.2d 1274 (Haw. 1985). New Jersey. State v. Hempele, 576 A.2d 793 (N.J. 1990). Washington. State v. Boland, 800 P.2d 1112 (Wash. 1990). Vermont. State v. Morris, 680 A.2d 90 (Vt. 1996). The current law in the U.S.A. (federal as well as most states) is that (1) a person has no reasonable expectation of privacy for contents of garbage and (2) a person has relinquished any property interest in garbage, even when it sits in metal trash cans or opaque plastic bags at the person's home awaiting collection. There is quite a bit of case law on "garbage jurisprudence." See links below. |