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New Hampshire court rules trash is private
WSTM, Central New York ^ | September 29, 2003 | AP

Posted on 09/29/2003 3:37:22 PM PDT by LurkedLongEnough

Concord, New Hampshire-AP -- What you throw away is your own business.

That's the gist of a ruling by the New Hampshire Supreme Court -- that your garbage is private even when it's out on the street for collection.

The decision runs counter to previous rulings by the U-S Supreme Court and high courts in other states. But New Hampshire justices say their state constitution provides a stronger expectation of privacy than the U-S one.

The decision came in a case in which police searched a man's trash and found wire scrapers coated with marijuana residue. Then they got a warrant to search his home, where they seized drugs.

The high court agreed four-to-one with the man's appeal -- saying police would have needed the warrant before searching his garbage, not after.

One of the justices says people don't voluntarily expose personal belongings when they leave trash out in sealed bags. But a dissenting justice says it's unreasonable for people to expect their trash to remain private when it's "readily accessible to animals, children, scavengers and snoops."


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; US: Massachusetts; US: New Hampshire; US: New York; US: Vermont
KEYWORDS: fsp; newhampsters; porcupines

1 posted on 09/29/2003 3:37:22 PM PDT by LurkedLongEnough
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To: LurkedLongEnough
NH has been holding out against the occupation forces of MA for a long time. This may be one of the last times you see something like this as border has already been lost.
2 posted on 09/29/2003 3:39:25 PM PDT by agitator (Ok, mic check...line one...)
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To: LurkedLongEnough
When the US Supreme Court ruled that trash searches were constitutional, some newpaper reporters should have grabbed a few weeks of trash from the homes of each justice who voted for the ruling. And then published trash profiles on each of the justices -- whose mailing lists they're on, their taste in wine...
3 posted on 09/29/2003 4:49:41 PM PDT by omega4412
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To: agitator
NH has been holding out against the occupation forces of MA for a long time. This may be one of the last times you see something like this as border has already been lost.

Or then again, those in NH may shortly gain 20,000 reinforcements. We'll know Wednesday.

4 posted on 09/29/2003 5:44:51 PM PDT by archy (Keep in mind that the milk of human kindness comes from a beast that is both cannibal and a vampire.)
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To: Blue Highway
I'm not pinging you.
5 posted on 09/29/2003 9:20:45 PM PDT by perfect stranger (No tagline today. Tagline yesterday, tagline tomorrow, but no tagline today.)
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To: LurkedLongEnough
Tsk, tsk...New Hampshire will, of course, now fall into the hands of terrorists since cops can't poke throught people's garbage anymore.
6 posted on 09/30/2003 7:04:07 AM PDT by Wolfie
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