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, what is the most likely determining factor in the admissibility of the evidence?

Question

Quizplus · Accepted Answer

The most likely determining factor in the admissibility of the evidence found in the garbage by a police officer without probable cause, a warrant, or reasonable suspicion is whether the garbage was located within the curtilage of the residence. The concept of curtilage pertains to the area immediately surrounding a dwelling, including associated buildings and grounds, which is considered part of the home for Fourth Amendment purposes. Evidence obtained from within this area without proper legal justification may be subject to exclusion under the exclusionary rule, as it is considered part of the home's privacy expectation.

A Police Officer Rummages Through the Garbage of a Suspect