Many people understand that there are rules that limit police searches. They know that police officers typically need warrants or permission to search inside private property. However, there are many nuances to the law and court precedents that leave people uncertain about their rights.
Police officers can sometimes conduct warrantless searches of private property if they have probable cause. Other times, previous court rulings may empower law enforcement professionals to search specific locations in unusual circumstances. Spaces adjacent to living quarters, such as yards or patios, could yield evidence. Secondary structures on the property, such as sheds or garages, could also contain items that police might use as evidence. The same could be true of an individual’s trash bins.
Can police officers search yards, garages and other areas without a warrant or the permission of a property owner?
Yards and garages have strong legal protection
The federal courts have had to rule on many search-related legal matters in criminal cases. The Supreme Court of the United States of America has heard many cases related to warrantless searches of private property. Rulings have clarified when police officers can search outside of a home without a warrant.
Generally speaking, yards, decks, patios and garages have protection from warrantless searches. They are effectively extensions of the residential living space. The courts refer to the areas immediately around the home as its curtilage.
Police officers generally cannot search the curtilage of a private residence without permission, probable cause or a warrant. If they see illegal items clearly on display inside an open garage or on a porch, that could justify a search. Still, they cannot enter the private property and search without a pre-existing reason.
Trash bins represent a bit of a gray area for the purpose of warrantless searches. While the bins are next to the home or inside the garage, they have protection from searches. Officers have to treat them as part of the curtilage and cannot rummage through them without a warrant or permission.
That changes when people push their trash bins out to the curb for collection. At that point, they have effectively abandoned the property in the bin. Police officers can search trash containers left out for collection. They can document what they find and use it as part of a criminal case.
In scenarios where officers have conducted inappropriate searches, their conduct can influence the defense strategy a lawyer develops for an affected defendant. Discussing police conduct and reviewing the state’s evidence with a skilled legal team can help people respond to pending criminal charges. Inappropriate searches can lead to challenges against the evidence obtained by law enforcement professionals.
