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Originally Posted by firehawk1120
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That doesn't help your point?
Assuming you're talking about case 2. The evidence was refused under different circumstances..
I.) they didn't wait for it to be put on the curb.
II.) they followed a tip like 5 months later
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In the second case, the state police examined the garbage of Conrad and Sharon Hempele outside their home in Belvidere in Warren County. The trial court found the search unconstitutional because a trooper picked up the trash right outside the residence before it had been placed at the curb. The garbage contained residue of marijuana and cocaine.
The Appellate Court also ruled the search unconstitutional, but for a different reason. The tip that the police acted on in this case was received in January 1986, but the garbage was not searched until June. The court said the six-month-old tip was not enough to overcome the Hempeles' reasonable expectation of privacy for their garbage.
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