The Porn Dude

Heads Up for Our Yankee Friends

Webster

Member
Oct 4, 2004
316
0
16
Time to shred/compost/get an incinerator.

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 Supreme Court of Montana ruled last month that police could conduct a warrantless "trash dive" into the trash cans in the alley behind the home of a man named Darrell Pelvit. The cops discovered pseudoephedrine boxes -- a solvent with uses including the manufacture of methamphetamine -- and Pelvit eventually ended up in prison.

Pelvit's attorney argued that his client had a reasonable expectation of privacy in his trash, but the court rejected the argument and said the trash was, well, meant to be thrown away.

What's remarkable is the concurring opinion of Montana Supreme Court Justice James C. Nelson, who reluctantly went along with his colleagues but warned that George Orwell's 1984 had arrived. We reproduce his concurring opinion in full...
 

wilde

Sinnear Member
Jun 4, 2003
3,036
44
48
I hear the identity thieves don't need a warrant either. :D
 

georgebushmoron

jus call me MR. President
Mar 25, 2003
3,127
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Seattle
Fortunately there is a small buffer (for now) for Americans living in Canada either as PR or Canadian citizen. But I'll bet one day that will change when US LE can work directly with Canadian LE to prosecute for American crimes on Canadian territory. Americans already have tax rules that follow them despite foreign jurisdiction, its just another step to make American criminal law also follow them.

If you're a Yank and you have the means, I recommend getting another citizenship soon.
 

maverick73

Banned
Feb 2, 2005
2,289
0
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Spinnerville, BC
georgebushmoron said:
Fortunately there is a small buffer (for now) for Americans living in Canada either as PR or Canadian citizen. But I'll bet one day that will change when US LE can work directly with Canadian LE to prosecute for American crimes on Canadian territory. Americans already have tax rules that follow them despite foreign jurisdiction, its just another step to make American criminal law also follow them.

If you're a Yank and you have the means, I recommend getting another citizenship soon.
Wow, it's amazing that I agree on so many issues with a guy named georgebushmoron :D.

I gotta hand it to you. Your handle just cracks me up looking at it... then looking at your pic... I can't quite make it out, but it looks as if it's a sarcastic pic of George Bush painting him as a moron for the constant BS that spews out of his mouth.
 

Webster

Member
Oct 4, 2004
316
0
16
maverick73 said:
You just found that out now? This isn't anything new. If you care about your privacy, invest in a paper shredder and shred all sensitive documents.
It isn't just about paper. As the trend moves forward (and as the concurring judge writes), how long before the local police are just walking the dogs down the alley on a fishing expedition?
 

maverick73

Banned
Feb 2, 2005
2,289
0
0
Spinnerville, BC
Webster said:
It isn't just about paper. As the trend moves forward (and as the concurring judge writes), how long before the local police are just walking the dogs down the alley on a fishing expedition?
Probably not long, which is a scary thought!!! Take the necessary steps to protect yourself.
 

BC visitor

Member
May 2, 2004
235
0
16
Blue guy in red state
Long ago I gave up any expectation of privacy in the US... after all, if my Uncle Sugar wants to know exactly what I'm checking out of the library or buying from Amazon... all he need do is ask the related parties...

Privacy is a privilege, not a right!
 

Webster

Member
Oct 4, 2004
316
0
16
BC visitor said:
Long ago I gave up any expectation of privacy in the US... after all, if my Uncle Sugar wants to know exactly what I'm checking out of the library or buying from Amazon... all he need do is ask the related parties...

Privacy is a privilege, not a right!
There's an effort among US librarians to resist that kind of thing, with some libraries having policies that hide information about users by, for instance, destroying records fairly quickly.
 

luckydog71

Active member
Oct 26, 2003
1,117
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Washington State
This is an interesting thread.

You have a right to privacy and many criminals who committed very serious crimes have walked because the cops did not gather evidence correctly. But that does not mean you should be stupid and expect things in public areas not to be seen by the public or the police.

If your trash can is on your property then you should expect that no one would trespass and go through it. If you wheel this out onto a public street, then you should not expect this to be private any longer and this is now open to the public.

It is always the bleeding hearts that claim the government should protect them from everything.

Bull shit……take responsibility for yourself….you are the one who needs to protect your privacy….What fuckin idiot would put their credit card slips in the garbage? If the cops suspected you of being a child porn distributor, then you should not put your child porn pics in the trash can a put it on the street. Of course a perv would be stupid enough to do that and deserves to be caught.

For Christ sakes people grow up and be an adult. In Canada the government takes care of you cradle to grave and look how well that has worked.

In the US we have cops who cross the line and they need to be nailed by the government. But far and away most of the breaches in a persons privacy are a direct result of their own stupidity.

Man that felt good, better than a big dump.
 

dittman

New member
Jan 22, 2003
730
0
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75
seattle
good response ld, but i might add that when you have expectations of privacy, such as in your house car etc then the cops haave to jump through hoops to get any kind of a warrent, and they have to have evidence of probable cause to get it. however if you have no expectations of privacy such as putting your garbage on a public sidewalk then the cops dont need a warent. simple.
 

detroit

New member
Aug 2, 2002
35
0
0
Vancouver
If your making meth or crack I don't have a lot of compassion since your probably destroying the house your renting (the landlord gets to pay for that mess), you have a good chance of burning down the neighbourhood, your polluting the area, not to mention meth is a bad drug.

Plus a garbage can is publicly available to anyone who goes by it, so throwing away ingredients to make meth without hiding your activities slightly is pretty stupid.
 

lenny

girls just wanna have fu
May 20, 2004
4,101
76
48
your GF's panties
detroit said:
If your making meth or crack I don't have a lot of compassion since your probably destroying the house your renting (the landlord gets to pay for that mess), you have a good chance of burning down the neighbourhood, your polluting the area, not to mention meth is a bad drug.
Am i ok with my weed growing operation?...
 

buddha2

New member
Feb 12, 2005
320
0
0
Edmonton
interesting decision given that it's a long standing principle of canadian criminal law that if you take something from a garbage can it's theft. it'll be interesting to see if this is appealed, and if so, if it holds up...
 

Webster

Member
Oct 4, 2004
316
0
16
luckydog71 said:
For Christ sakes people grow up and be an adult. In Canada the government takes care of you cradle to grave and look how well that has worked.
Um, very well so far. What's the problem?
 
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