There are many types of police activity that can result in drug charges and influence a case against an individual. Police officers sometimes conduct vehicle searches during traffic stops or follow people who visit the homes of known drug traffickers. What they find may become the basis of criminal charges.
In some cases, police officers may search through the trash outside of someone’s home in order to develop drug charges against that person. How might a search of waste receptacles by law enforcement affect drug charges?
Refuse could lead to prosecution
The most common way that a search of trash bins influences a drug case is by providing the evidence that officers need to arrest an individual. Certain items can create a likely connection to the drug trade.
Empty packaging containers could be a sign that someone has recently repackaged large quantities of drugs. Certain common household items also have an association with the drug trade. Paint thinner, empty cough medicine containers, pool chemicals and even agricultural compounds could lead to police officers suspecting someone’s involvement in drug manufacturing or distribution.
Inappropriate searches could compromise evidence
Police officers often take advantage of judicial precedent by searching waste containers. The courts have previously ruled that trash set out for collection is subject to search without any justification. Occasionally, the police go too far and search trash containers in an inappropriate manner.
Containers at the curb are vulnerable to search, as the owner has effectively abandoned ownership of the items inside by leaving them for collection. However, trash bins that are still in someone’s yard or next to their garage may technically be part of the property’s curtilage.
Outdoor spaces that serve as an extension of the living space require a warrant to search. If a defense attorney can convince the courts that police officers violated an individual’s Fourth Amendment rights by searching their trash while it was not out for pickup without a warrant, the courts may have to set aside any evidence gathered through that inappropriate search.
Individuals facing drug charges or other criminal allegations often need help planning a defense strategy. Questioning police conduct or providing alternate explanations for certain items can be a part of that strategy. The sooner defendants get help after a police search or an arrest, the better their chances of prevailing if their case goes to trial.