POLICE Logo
MenuMENU
SearchSEARCH

OR Supreme Court Rules Police Can't Take Suspect's Garbage Without a Warrant

The high court found that police had violated the Oregon Constitution’s protection against unreasonable searches because Lien and Wilverding had privacy interests in their trash and because the garbage hauling company acted as “an agent” of police by collecting the trash for a detective.

May 13, 2019

The Oregon Supreme Court on Thursday disagreed with more than 50 years of state case law by ruling that Oregonians retain a privacy interest in the garbage they leave on the curb for pick-up. That means police can’t search the garbage without a warrant even after a truck hauls it away.

The Supreme Court ruled in the case of Tracy Lynn Lien and Travis Allen Wilverding, who shared a home and were convicted of methamphetamine dealing after police from the 16,000-resident city of Lebanon asked the community’s garbage hauling company, Republic Services, to pick up and set aside the contents of the pair’s garbage on collection day in 2014. Police then dug through that trash, found evidence of drug activity and got a warrant to search the home. That led to the convictions.

Ad Loading...

The high court found that police had violated the Oregon Constitution’s protection against unreasonable searches because Lien and Wilverding had privacy interests in their trash and because the garbage hauling company acted as “an agent” of police by collecting the trash for a detective, the Oregonian reports.

The majority opinion noted that even the U.S. Supreme Court has said Americans don’t have a reasonable expectation of privacy “in trash left for collection in an area accessible to the public.” But the U.S. Supreme Court also said individual states are free to impose “more stringent constraints on police” based on their own constitutions.

Thursday’s ruling applies to curbside refuse collected from private homes. It doesn’t appear to apply to trash thrown in public garbage cans in public places.

Note: This ruling only affects officers in Oregon. Check your state law or discuss with your agency counsel.

Ad Loading...

More Point of Law

patrolfinder - reducing crime thumbnail
SponsoredOctober 27, 2025

How One Police Department Cut Crime by 46% with Smarter Patrol Management

Discover how one police department cut crime nearly in half using smarter patrol data. This whitepaper breaks down the real-world strategy behind a 46% drop in vehicle thefts, improved officer safety, and stronger community visibility.

Read More →
Point of Law logo with scales of justice in metallic silver text
Patrolby Eric DaigleSeptember 1, 2025

Point of Law: The Limits of Electronic Searches

Can an individual be prosecuted for despicable criminal conduct based on evidence obtained in violation of the United States Constitution? Ultimately, the Ninth Circuit judges wrote, “In the circumstances of this case (United States v. Holcomb, 23-469 (9th Cir. 2025)), respect for the Constitution and the rule of law requires an answer of “no.”

Read More →
PatrolAugust 25, 2025

Trump Issues Order Cutting Federal Funding in Cashless Bail Jurisdictions

<strong>“</strong>Cashless bail policies allow dangerous individuals to immediately return to the streets and further endanger law-abiding, hard-working Americans because they know our laws will not be enforced,” the administration said.

Read More →
Ad Loading...
Point of LawJuly 2, 2025

Justice Department Sues Los Angeles Over Sanctuary Policies

The DOJ said in a press release that the “sanctuary city” policies of the City of Los Angeles are illegal under federal law.

Read More →
Point of Lawby Kevin R. MadisonJune 20, 2025

Understanding Officer-Created Jeopardy

Officers can be criminally prosecuted for using force when their actions led to escalation during contact with subjects.

Read More →
Point of LawJune 18, 2025

Point of Law: The Limitations of Search Warrants

In the Tenth Circuit case of Cuervo v. Sorenson, the Court ruled officers cannot deviate from the language of the warrant.

Read More →
Ad Loading...
Point of LawMay 21, 2025

DOJ Dismisses Consent Decrees Affecting Louisville and Minneapolis Police

The Civil Rights Division will be taking all necessary steps to dismiss the Louisville and Minneapolis lawsuits with prejudice, to close the underlying investigations into the Louisville and Minneapolis police departments.

Read More →
Point of LawApril 28, 2025

New Michigan Bill would Give Officers Civil Immunity in Self-Defense Cases

House Bill 4404 would create a presumption of civil immunity for individuals who are cleared criminally after using force in self-defense, shifting the burden of proof onto plaintiffs.

Read More →
Point of LawApril 8, 2025

Seattle to Pay Police Captain $1 Million to Settle Lawsuit

Seattle police Capt. Eric Greening sued former Chief Adrian Diaz last year alleging that Diaz retaliated when Greening brought up concerns about racial and gender discrimination.

Read More →
Ad Loading...
Point of LawMarch 13, 2025

Washington Agencies Ordered to Not Delete Critical Facebook Contents

Jim Leighty, a local activist, filed two federal lawsuits last year claiming both agencies deleted or hid critical comments he had written below multiple posts, while keeping comments that were pro-police in nature.

Read More →