How to Determine If Your Garbage Is Protected by Privacy Laws

Garbage sitting out to be collected often contains personal information and objects, which makes it a venue where privacy rights are considered. The U.S. Supreme Court decided in the 1988 case California v. Greenwood, 486 U.S. 35 that anyone, including law enforcement agents and journalists, can access garbage that has been put out to be collected because it is considered public property.

Instructions

Difficulty: Moderately Challenging

Things You’ll Need:

• Computer with Internet access.

Research Privacy Rights Related to Garbage

1. Get the full text for California vs. Greenwood, the Supreme Court decision that has been said to determine the framework for federal privacy rights as they relate to garbage (see Resources below). The text of this case outlines why the Fourth Amendment does not protect the contents of garbage under the Constitution.
2. Search for case law on the FindLaw Web site (see Resources below) for federal decisions about the right to the privacy of personal garbage. U.S. Court of Appeals cases such as United States v. Redmon and United States v. Shank explore privacy rights of individuals whose garbage is searched by law enforcement without a warrant.
3. Determine if garbage privacy and protection laws are enforced in your particular state by visiting the FindLaw Web site (see Resources below). The site allows you to search each state's law by topic.
4. Protect the privacy of your garbage by keeping it inside of your garage or another protected area surrounding your house until the garbage is collected. The Fourth Amendment defines personal property as protected if it is located inside the "curtilage," or area directly surrounding your house.

Tips & Warnings

• Although federal laws claim individuals have no privacy rights regarding trash set out to be collected because it is no longer personal property, many states have different laws providing protection. Research state laws to determine whether you are protected.