State court: No warrant needed to search trash
Published 10:13 am Tuesday, August 12, 2014
ST. PAUL — The Minnesota Court of Appeals has ruled that a police officer’s search of a man’s garbage without a warrant was constitutional.
The court said Monday that people living in multifamily residences can’t expect their trash to stay private after placing it outside for collection.
Andrew Serres was convicted of two drug-related felonies after police obtained a 2012 search warrant using evidence found in his trash on a street corner. The 47-year-old argued that the evidence should have been suppressed because police obtained it during an illegal search. The District Court rejected his motion.
Serres’ appeal cited cases from other states that say trash can’t be searched or seized by police without a warrant based on probable cause.
Minnesota appellate courts have previously ruled it constitutional.