So what happens when you’re told by a Prosecutor that your garbage is no longer yours when you put it on the curb? Surely the 4th Amendment would cover the unlawful search and seizure of your property, including your trashcan, right?
NOPE! At least, that was the answer given by Prosecutor Mark McDonnell who said that when it hits the curb, it become public property and therefore anyone can go through it at their leisure. The thought alone makes my skin crawl, but instead of letting their disgust get the better of them, a group of clever journalists decided to test McDonnell’s dedication to this.
In March, the police decided to snag the garbage of police officer Gina Hoesly without permission. Despite not having a warrant, a bloody tampon (among other things) became the basis of a drug charge against her.
When asked about the legality of such a move (many people were rightly concerned that this was a severe violation of privacy) the Prosecutor gave a simple, smug answer.