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66. Did the search of the garbage cans violate the Fourth Amendment?
Without a warrant, police officers searched the garbage cans in the alley behind a man's house and discovered chemicals used to make methamphetamine, as well as cooking utensils and containers with the man's fingerprints on them. The alley was a public thoroughfare maintained by the city, and the garbage was picked up once a week by a private sanitation company. The items were found inside the garbage cans in plastic bags that had been tied closed and further secured with tape. The man was charged in federal court with the manufacture of methamphetamine.
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B is incorrect. This is the evidentiary standard for the admissibility of relevant evidence. Although all admitted evidence must be relevant, even relevant evidence must not violate the Fourth Amendment.
C is incorrect. The curtilage is the dwelling house and the outbuildings. The alley is a public space, not contained in the curtilage. Garbage in the alley is held out to the public. Therefore, the man has no reasonable expectation of privacy in the garbage.
D is incorrect. As stated above, a person does not have a reasonable expectation of privacy in objects held out to the public. The Fourth Amendment does not protect the search and seizure of garbage left for collection outside of the curtilage of a home. It does not matter that the trash was tied up. There is still no reasonable expectation of privacy while it is in a public space like an alley or curb.