?A police officer rummages through the garbage of a suspect without probable cause,without a warrant,and without reasonable suspicion.The officer finds incriminating evidence.Unless there is a state law to the contrary,the determining factor in the admissibility of the evidence will be:

Question

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The determining factor in the admissibility of the evidence would be whether the garbage was located within the curtilage of the residence. The curtilage is the area surrounding a dwelling that is considered part of the home itself for Fourth Amendment purposes. If the garbage was located within the curtilage, the search would likely be considered a violation of the suspect's Fourth Amendment rights, and the evidence would be inadmissible. However, if the garbage was located outside the curtilage, the search may be considered lawful and the evidence admissible.

?A Police Officer Rummages Through the Garbage of a Suspect