Location of a person’s garbage, standing alone, does not establish whether a search of the garbage was reasonable.

March 14, 2011

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349 Searches and SeizuresLocation of a person’s garbage, standing alone, does not establish whether a search of the garbage was reasonable; rather, the analysis must include an examination of whether the person manifested a subjective expectation of privacy in the trash container and whether that expectation of privacy in the garbage is objectively reasonable.
State v. Fisher, 154 P.3d 455 (Kan. 2007)