Tom Smith is suspected by the New Bradford Police Department of sell narcotics. On Thursday May 1, 2013, Smith loaded up a garbage can and wheeled it to the curb, anticipating the garbage would be picked up by New Bradford Public Works the following day. Before public works collected the garbage, narcotics officers seized the garbage and brought it to the police department.
??
During a search of the garbage records of Smith’s narcotics sales were gathered, as well as paraphernalia associated with producing crack cocaine. The evidence seized was used to obtain a search and seizure warrant for Smith’s residence. Prior to Smith’s trial on narcotics offenses, his lawyer files a motion to suppress the evidence claiming the search of Smith’s garbage violated the 4th Amendment right of his client.
Will the evidence be suppressed?
Tom Smith is suspected by the New Bradford Police Department of sell narcotics. On…
Tom Smith is suspected by the New Bradford Police Department of sell narcotics. On Thursday May 1, 2013, Smith loaded up a garbage can and wheeled it to the curb, anticipating...
