Baker, CFE, is on a stakeout at the home of Potter, the prime suspect in a large false billing scheme. When Baker arrives at Potter's street, she notices Potter's garbage has been placed on the curb for pickup. Baker believes she could obtain much of the information she needs by going through Potter's garbage. In order to legally sift through Potter's trash and seize discarded documents to be used as evidence, Baker must:
A) Obtain a search warrant
B) Obtain a subpoena duces tecum
C) Obtain Potter's consent
D) None of the above

Question

Quizplus · Accepted Answer

The Fourth Amendment does not protect against the warrantless search and seizure of garbage placed on the curb for pickup. Therefore, Baker can legally sift through Potter's trash and seize discarded documents without obtaining a search warrant, subpoena duces tecum, or Potter's consent.

Baker, CFE, Is on a Stakeout at the Home of Potter