OR: Under state constitution, REP remains in trash picked up and searched other than at dump

Trash collectors picked up defendants’ trash and took it to a place where the police could search it. Under the state constitution, defendants retained a reasonable expectation of privacy in their trash. “On review, we hold that defendants retained protected privacy interests in their garbage under Article I, section 9, which the police invaded when they searched defendants’ garbage bin without a warrant. Accordingly, the trial court erred by denying defendants’ motions to suppress evidence, and we reverse the decision of the Court of Appeals and the judgments of the circuit court and remand for further proceedings before the circuit court.” State v. Lien, 364 Ore. 750 (May 10, 2019).

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