Los Angeles, CA asked in Criminal Law for California

Q: can a detective get a water bottle out of a trash can for finger prints in a private property?

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2 Lawyer Answers
William Mihrtad Paparian
William Mihrtad Paparian
Answered
  • Criminal Law Lawyer
  • Pasadena, CA
  • Licensed in California

A: Generally there is no reasonable expectation of privacy in a trash can that's been left outside waiting to be collected. However, your question suggests that the detective had to enter private property for which there is a reasonable expectation of privacy in order to gain access to the trash can. I would need more specific information about the location of the trash can in order to better answer your question.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
PREMIUM
Answered
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: Yes, so long as she/he's not trespassing, i.e., waits until the garbage is put out on the curb for the garbage trucks. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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