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KS: Entry onto rural property for trash pull violated Fourth Amendment

By John Wesley Hall, Jr.

A resident of a rural homestead who leaves his or her trash in an area not accessible to the public and within the curtilage of the residence does not lose the objective expectation of privacy in the trash solely as a result of contracting with a third party to haul it away. "Of course, Greenwood differs from Hoffman's case in a significant respect. The trash in Greenwood was on the curb of a city street in Laguna Beach, California, not a quarter mile from a public roadway in rural Kansas." State v. Hoffman, 2008 Kan. App. LEXIS 190 (November 26, 2008). "[A] bluff or a misrepresentation as to the amount of evidence that law enforcement officers have against an individual will not render involuntary an otherwise voluntary consent." State v. Tatum, 2008 Kan...continue to full post

Full post as published by Fourth Amendment on November 28, 2008 (boomark / email).