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Get That Cop Out of my Trash
By Elissa Bernstein
Danny rushed into his boss' tiny cubicle in the back of the garage, waving a thick wad of $100 bills.
“Didn’t I tell you not to disturb me?” he grumbled, looking up from the mess of papers strewn across his desk.
“But Boss, look at the babe beside that slick beemer we fixed-up. She's paying the $3000 in cash. Ain't NEVER seen that before!”
The boss took a long look at the lady, swathed in a lush mink fur, with brilliant diamonds visibly covering her fingers. He had a vague feeling that her money hadn’t made its way into her thick wallet in a way that a priest would approve of.
“Quick… give her a receipt and get rid of her,” he whispered to Danny, not wanting to bring any more trouble to his already struggling business. “I'm calling the cops.”
An hour later, the detective assigned to the case was fuming. “Come’on Sarge… We know who she is! We know she’s been dealing drugs around half the city! The lab results just came in… the bills from the garage are covered in cocaine dust. Let’s just grab and nail her!”
The Sergeant, clearly used to dealing with over-anxious detectives, barely slowed down as he walked back to his office. “Not that easy. Get me some solid evidence and we’ll talk.”
Not one to be beaten, the detective ordered a garbage squad. The orders were clear: pick-up the suspect’s garbage, and examine every single piece.
After five days of groping through materials not recommended for those with a weak stomach, success finally came: three baggies with a small hole snipped into the corner. Clear signs of cocaine.
“We just got lucky boys,” yelled the Sergeant. “Get a warrant for her arrest and charge her with possession of cocaine!”
IN THE COURTROOM
Alicia was outraged. “Those pigs had no right to go through my trash! It was on my property, right next to my “No Trespassing” sign. Isn’t there something in the Constitution about a right to privacy? How would you like it, judge, if someone went through your trash?”
In contrast, the Police had no qualms in presenting their case: “Our evidence is clear. The suspect was found in possession of illegal drugs. It’s certainly not a defence to be so stupid as to put evidence where anybody can find it, including the police.”
Should Alicia be convicted of drug possession? You! be the Judge. Then look below for the court's decision.
THE DECISION
“Guilty!” cried the judge. “As much as I don’t like the thought of someone examining my garbage, people know that garbage placed for collection can be taken by anyone. It makes no difference whether the garbage is on the curb, the sidewalk, or even the accused’s property. It was left to be picked-up by someone else. It was abandoned.”
This column is based on a case from Maryland. If you have a similar problem,
please contact a lawyer in your jurisdiction. We are proud to bring you
some of the current legal issues from across the country for discussion
and debate. To provide compelling entertainment, we have fictionalized
the names, the characters and the scenarios in the case. Any resemblance
to real people is purely coincidental. In the interest of clarity and
brevity, the legal issues in the case have been greatly reduced and simplified.
Elissa Bernstein is a lawyer and nationally syndicated columnist. Copyright
2007 Haika Enterprises AS1-1 (AS1-6).
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