2005 Is Really 1984 Again

Here's an interesting item from news.com on a case that made it to the Montana Supreme Court. "Believe it or not, it's perfectly legal for police to rummage through your garbage for incriminating stuff on you -- even if they don't have a warrant or court approval." The case revolved around the usability of evidence obtained from a person's garbage which made it obvious he was running a meth lab. The court ultimately deemed the evidence permissible in the prosecution of the defendant. What's included in the news.com items is one of the concurring judge's opinions. While he ruled against the defendant, he hypocritically laments that we're living in George Orwell's 1984 and he doesn't like it.

The opinion is really well written and is an interesting summary of the rights we are giving up in the U.S. but is ultimately disappointing because the judge allowed the evidence. What isn't clear is why the police were in the defendant's garbage to begin with. Was their some type of suspicion? Did his customers or neighbors rat him out? If so, why wasn't a warrant obtained? Similar to the point that Kat made in her comment about NYC Subway searches, how can we let the police do this? I know the case was complex but if the judge sees the absurdity in it, why didn't he use the power he has to stand up for basic civil rights? Watching someone with the ability to effect change but refusing to do so is unbelievably frustrating. Arrrgggg!

Lesson learned: Incinerate your garbage, chumps. A portion of the Judge's closing below:

If this Opinion is used to justify a sweep of the trash cans of a neighborhood or community; or if a trash dive for Sudafed boxes and matchbooks results in DNA or fingerprints being added to a forensic database or results in personal or business records, credit card receipts, personal correspondence or other property being archived for some future use unrelated to the case at hand, then, absent a search warrant, I may well reconsider my legal position and approach to these sorts of cases--even if I have to think outside the garbage can to get there.