Legal Question in Criminal Law in Iowa

a drug task force did a garbage rip at my recidence and was able to get a search warrant by finding seeds and stems, i was searched and they found marijuana seeds and stems in my house. i am waiting trial for this case, sinse this has happened i have had no contact with drug users and have kept nothing at my house and quit doing drugs. the search took place on july 14, since then i have been clean and have nothing in my house. today i noticed a trash bad was missing out of my trash barrell before it was picked up today. do they have the right to continually search my garbage without it being harrassment and if they came with a warrant and found nothing would that constitute harrassment because i have been completely living straight and haven't even been convicted of the first crime


Asked on 9/08/09, 11:41 pm

2 Answers from Attorneys
Robert Luedeman solo practitioner

Searching trash does not offend the constitution. If your trash can is within the curtilage of the house then a search without a warrant is impermissible. Even if that happened, it might not have any effect on your pending case. You're also assuming the police grabbed your trash, but it could be other folks who are looking for bottles and soda cans, dumpster divers or whatever.

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Answered on 9/09/09, 10:58 am
Todd Miler Miler Law Firm

A few years ago I had a case where the judge ruled that finding stems and seeds in someone's garbage does not give the police probable cause to search the residence. You should consult with an attorney and evaluate whether you should file a motion to suppress evidence and get the case thrown out.

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Answered on 9/09/09, 2:25 pm


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