Cops Stole My Trash

[clydealan83]

What is the name of your state (only U.S. law)? kansas

ok so i went to court over my possession of marijuana charge(previous post of 2nd charge, 2nd state) as did my mother. she got her right of discovery papers today as well. it says that the cops kicked in my door because they went through my trash at a previous date and found probably cause to search our house. i know that peoples trash is fair game once it hits the side of the street for pickup....maybe even otherwise for that matter. that is not my question. the officer who went through the trash did not have a witness. he did not go through the trash at my house. in his report it says he took the trash 2 towns away to the baxter springs fire department where he then went through the trash. well he passed a police station and 2 more firestations to get to that fire department. this fire department just so happens to be in the small town he lives in.

once he took the trash off of my property does that not make it his property? whos to say he did not take our trash to his house and re-bag it with whatever he says he found and then take it to the nearest fire department? if there was not a witness there is no way to tell for sure what he did with my garbage in between my house and the fire department some 20 miles away. furthermore, what possessed this man to steal my garbage? and, do i not have the right to know that?

 

[justalayman]

were you charged for what was in the trash or what was in the house which they discovered after using whatever was found in the trash to obtain a search warrant for your house?

if you believe the warrant was not valid due to no probable cause to issue one, have your attorney make such a motion. Since what they found in the house confirmed what they suspected due to what they found in the trash, I suspect you will not win on that argument.

furthermore, what possessed this man to steal my garbage?

who knows?

The Shadow knows.

and, do i not have the right to know that?

that would depend on exactly how he gained possession of your trrash. If he would have needed a warrant to confiscate the garbage, he has to prove he had a warrant and the warrant was obtained using some evidence that gave PC for a warrant.

If your trash was where it was considered abandoned, then he need not tell you anything.

 

[FlyingRon]

There's no expectation of privacy in trash you've set out at the street.
I'm not sure why you think it matters where he sorted through the stuff.
No, once he took it, it became evidence. As long as he didn't violate any chain of custody rules, you'll have a hard time impugning it.

 

[clydealan83]

i know theres pretty much nothing i can do about it. i guess im looking for a defense and it seems that i should have the right to know why a police officer decided to steal my trash to look for incriminating evidence.

i find it to be odd that a county deputy comes to my house at 1:00am and takes my garbage for apparently no reason. my mother is 52 yrs and is disabled. i dont have any friends here and my mother only has 1 - 2 people that stop by rarely and our neighbor comes over some. we are not drug dealers nor have we ever been. it would seem to me that the local law enforcement agency should have something better to do than spend the taxpayers money on kicking peoples doors in who you suspect smoke marijuana. there were at least 10 people here who were getting paid well over minimum wage for a couple hours or more and all they found was a quarter ounce. street value $25. POLICE: CITIZENS DO NOT BE AFRAID, FOR WE HAVE REMOVED $25 WORTH OF MARIJUANA FROM INSIDE THE HOME OF A DISABLED 52 YEAR OLD WOMAN. YOUR CHILDREN ARE NOW SAFE! i know i dont want my tax dollars spent to do this.

you could randomly pick 10 addresses out of the phone book and i guarantee you will find something in at least 1 of those peoples trash that is considered illegal and it would probably be a lot worse than an empty bag and a roach.

fourteen states in the usa have enacted laws that legalized medical marijuana. even more places around the globe have done the same. several of these places have decriminalized it and a few have made it legal all together.
this poses a legitimate argument that arresting somebody for possession is wrong and the laws currently in place are based on the opinions of governing bodies.

 

[Mass_Shyster]

i know theres pretty much nothing i can do about it. i guess im looking for a defense and it seems that i should have the right to know why a police officer decided to steal my trash to look for incriminating evidence.

They don't need a reason to search your discarded trash. I suspect they took Rover for a walk down your street and Rover paid a little too much attention to your Hefty bag.

there were at least 10 people here who were getting paid well over minimum wage for a couple hours or more and all they found was a quarter ounce. street value $25.

Gee, the "street value" of a dead body isn't too much either, but they seem to spend a lot of time and expense investigating those too. Maybe it's not the street value that they're investigating.

 

[clydealan83]

i understand its not the street value theyre investigating. i was merely making a comparison of the amount of money spent to remove such a small amount of legitimately disputed drug.

it seems that you suggest that smoking marijuana is as bad as murder. or that removing marijuana from inside a smokers home is as important as finding a dead body.

and the street value of a dead body is actually priceless to that person's family.

your view is very intriguing. do you kill people for fun?

 

[Mass_Shyster]

your view is very intriguing. do you kill people for fun?

No. I argue with potheads for fun.

 

[BOR]

83, the USSC has ruled that curbside trash is "abandoned" for 4th AM purposes. Although some state constitution's still require a search warrant, obviously your state does not.

 

[clydealan83]

on what basis?
that it is wrong? that it is illegal? or that you only believe what people tell you to believe because you're not smart enough to to come up with your own opinions? nor do you have the ability to respect another mans opinion.

 

[Zigner]

on what basis?
that it is wrong? that it is illegal? or that you only believe what people tell you to believe because you're not smart enough to to come up with your own opinions? nor do you have the ability to respect another mans opinion.

Is your shift key broken?

 

[Just Blue]

Is your shift key broken?

Probably just the brain cell that would "order" the usage of the shift key is "broken".

 

[clydealan83]

i can actually type well over 100 words per minute while using the shift key.

not using the shift key is the only thing that you can come up with to dispute my statements. it in no way makes it harder for you to read nor does it take away from the meaning of those statements. so please continue with childish comments. it's amusing.

 

[tranquility]

As BOR said, each state is a little different. Some don't say you gave up your expectation of privacy until it is commingled. I don't know Kansas.

 

[Just Blue]

i can actually type well over 100 words per minute while using the shift key.

not using the shift key is the only thing that you can come up with to dispute my statements. it in no way makes it harder for you to read nor does it take away from the meaning of those statements. so please continue with childish comments. it's amusing.

Not nearly as amusing as a moron that would be insulting to the VOLUNTEERS that are trying to help him/her/it...

 

[BOR]

Not nearly as amusing as a moron that would be insulting to the VOLUNTEERS that are trying to help him/her/it...

The 3 Stooges were Morons and proud of it, so don't knock it!