Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA7: Milwaukee?s ?winter rules? permitting city trash collectors to go on the curtilage to get trash so snowplows aren't interfered with permits valid entries on curtilage

By John Wesley Hall, Jr.

The City of Milwaukee’s “winter rules” that allow the city trash collectors to go on the curtilage to get trash so the trash containers will not be left out to interfere with snowplow where the homeowner leaves the containers visible to the collectors creates consent to enter to get the trash. United States v. Simms, 2010 U.S. App. LEXIS 24031 (7th Cir. November 23, 2010) It appears, moreover, that the “winter rules” had the force of law, thus creating an easement to enter the defendant’s property to collect garbage. Milwaukee Code of Ordinances § 79-5(3) makes it “the responsibility of the owners and tenants of every premises where solid waste is collected to provide a clear and unhindered path to all containers...continue to full post

Full post as published by Fourth Amendment on November 25, 2010 (boomark / email).