Question

Baker, CFE, is on a stakeout at the home of Potter, the prime suspect in a large false billing scheme. When Baker arrives at Potter's street, she notices Potter's garbage has been placed on the curb for pickup. Baker believes she could obtain much of the information she needs by going through Potter's garbage. In order to legally sift through Potter's trash and seize discarded documents to be used as evidence, Baker must:

a. Obtain a search warrant
b. Obtain a subpoena duces tecum
c. Obtain Potter's consent
d. None of the above

Answer 1

Baker does not need to obtain a search warrant, subpoena duces tecum, or Potter's consent to legally sift through the trash, as there is typically no reasonable expectation of privacy for garbage that has been placed on the curb for pickup. So, the correct answer is option a.

Step-by-step explanation:

In regard to Baker's intention to legally sift through Potter's trash, the correct course of action is d. None of the above. According to the Supreme Court rulings, once the trash is placed on the curb for collection, individuals lose their reasonable expectation of privacy regarding the discarded items.

Since the trash is out in a public space for the collection, government officials do not need a search warrant, subpoena duces tecum, or the consent of Potter to search through it. However, it's important to understand that the legality of searching trash can vary based on jurisdiction and specific circumstances.

For example, if the garbage is still within the curtilage of the home, such as on a driveway or in a garbage can next to the house, it may still be protected, thereby requiring consent, a warrant, or a subpoena.