Friday, August 05, 2005

2005 or 1984?

Cops can dig through your trash legally, says judge...

A Montana Supreme Court justice says it's within the law for police to sift through your garbage for incriminating stuff, even without 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.

So dumpster diving is legal for everyone?

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