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the winnipeg sandbox » winnipeg sandbox.. » national... » should garbage on your land be private?

should garbage on your land be private?

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Guest


Guest

Thats what they all say , till the police come to check it out . lol!

AdamX

AdamX
contributor
contributor

I think what you are missing Dean is that the police dont have to prove that the garbage is his to get the search warrant. All they ahve to do is convince a judge through the evidence they gathered that it would be reasonable to expect to find a meth lab in the guys house.

if they found the objects of a meth lab in the guys garbage, then its reasonable to assume that there is a meth lab in his house. The evidence that will eventually be used against this guy will come from the actual lab in his house, not the few pieces of his garbage that they used to get a search warrant.

http://www.cakefarter.com

Guest

Anonymous
Guest

Thank You

Deank

Deank
contributor eminence
contributor eminence

I understand that arguement.. what I am saying is that it is faulty unless they can also show evidence that except for them, the garbage was undisturbed

had they waited until the garbage was legally accessible we would not even be having this discussion. They got greedy and jumped the gun.

AdamX

AdamX
contributor
contributor

how can it be faulty when its not being used to prove anything? its only used to make a reasonable assumption. the actual proof was inside the guys house,

http://www.cakefarter.com

Guest

Anonymous
Guest

Yes but they went in the house and that was against his rights warrant or not .

Deank

Deank
contributor eminence
contributor eminence

they obtained the warrant under the pretense that they told the judge it was his garbage.. but they dont actually know that for sure do they and yet they told the judge that it was definately his garbage.
Their own arguement is that they did not need a warrant for the original garbage because it was accessible to anyone. hence... it could have been anyone's garbage.. ( unless of course they have proof of some sort ..even an officers testimony that they saw him place it there and then no one else touched it until they did..)

Guest

Anonymous
Guest

If it is on his land it is his and considered under his controll

grumpy old man

grumpy old man
administrator
administrator

I say he has abandoned any expectation of privacy when he put the garbage out. However, as long as the garbage was on his property I believe the police had no business rooting through it. They should have waited until the garbage was picked up.

I expect that was not practical though...

Guest

Anonymous
Guest

The court was specific on that matter though. If it was on his porch or in his garage it would not have been unequivocally abandoned. Placed where it was it was considered so abandoned.
“However, until garbage is placed at or within reach of the lot line, the householder retains an element of control over its disposition,” he noted.
“It could not be said to have been unequivocally abandoned if it is placed on a porch or in a garage or within the immediate vicinity of a dwelling.
“Abandonment in this case is a function both of location and (Patrick’s) intention.”

grumpy old man

grumpy old man
administrator
administrator

But that is so ambiguous and arbitrary as to be laughable. If it is in the middle of his lawn is it fair game? What about at the bottom of the steps to his porch? Outside his garage door?

rosencrentz

rosencrentz
uber-contributor
uber-contributor

Some posters complain about the police, and yet they are defending the crook for a bullcrap violation of his garbage being inspected. The laws favour the crooks because that is the way it has to be to try and prevent an innocent person from getting convicted.
Why are anyone defending this convicted commie bastard??

http://www.elansofas.com

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