You don't need a warrant to search someone's trash in Minnesota
The Minnesota Supreme Court decided this week that the privacy protections of the Fourth Amendment do not extend to your outdoor garbage can. "It is not reasonable to expect the contents of garbage bags placed on the side of a public street for collection to remain private," wrote Justice Wilhelmina Wright in the majority opinion (PDF).
Dissenting Justice David Lillehaug disagreed: "One who examines garbage carefully can learn about the household members’ physical and mental health, sexual activities, financial status, consumer preferences, political affiliations, and personal relationships." Lillehaug argued that because modern life does not permit private garbage disposal on one's own land, Minnesotans should have a reasonable expectation of privacy until their garbage ends up in the anonymity of the dump.
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Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
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