What I keep thinking of in this scenario is the criminal investigators busily going through someone's trash to get DNA samples to convict them of a 40 years ago crime.
The surreptitious collection of DNA from curbside trash certainly has raised some privacy concerns that were not addressed by the Supreme Court in the
Greenwood case.
Most trash is discarded intentionally. The one who discards the trash at the curb loses all ownership rights and privacy rights in it. With DNA, however, no one
intentionally discards it. That is why the ACLU and the EFF are fighting for the need for warrants to collect DNA for testing, even if the DNA is collected from discarded items in roadside trash.
There has been less of a call to limit law enforcement’s ability to test DNA collected in the trash because of the importance this testing has had in solving cold cases and in identifying serial killers like the Golden State Killer, the man suspected of killing the four students in Moscow, Idaho, and the Gilgo Beach murderer, among others.
I can see both the benefits of and the problems with collecting DNA from trash. I think it is probably time for the Supreme Court to revisit
Greenwood and reconsider the dissenting opinions.