E.D.Tex.: No minimum number of trash pulls to show PC

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):

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:

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.

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).