There is no minimum number of trash pulls that are required to establish probable cause. Here, there were two, and the second produced marijuana residue. Probable cause did not require a third pull. United States v. Medrano, 2012 U.S. Dist. LEXIS 1545 (E.D. Tex. January 6, 2012):<\/p>\n
Next, the Court turns to Defendant’s argument that the marijuana discovered during a single trash run was not enough to form probable cause. There is no magic number of “trash runs” to be conducted prior to the issuance of a search warrant. See U.S. v. Hopkins, 2000 WL 20986, 3 (N.D. Tex. 2000). Noting that there is no per se requirement that there be multiple searches of trash to establish probable cause, Judge Fitzwater of the Northern District of Texas noted:<\/p>\n
In some cases the paucity of evidence found in one trash seizure may in fact require more than that single garbage pickup before a warrant may be issued. In the present case, however, the contents of the trash were themselves a treasure trove and, coupled with the other grounds set out in the affidavit, amply established probable cause.<\/p><\/blockquote>\n
Id. (finding there was a sufficient basis for the state judge to find probable cause to issue the search and arrest warrant based on totality of circumstances, even though only a single trash run was conducted).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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