Question

James Woodall put his garbage can out on the sidewalk in front of his house for pick-up by the city sanitation department. Woodall put the garbage can out at 6:00 PM. The police had been conducting an undercover drug investigation in Woodall's neighborhood. At 9:00 PM that night, the officers working the neighborhood searchedWoodall's garbage and found drug paraphernalia. The officers then conducted a stake-out from the house across the street from James's home. The officers witness James accept a delivery of meth and arrest him. Which of the following is true?a. Both the search of the garbage and the stake-out violate James's Fourth Amendment rights.b. The search of the garbage, but not the stake-out violate the Fourth Amendment.c. The search of the garbage and the stake-out do not violate the Fourth Amendment.d. The Fourth Amendment does not apply during the course of an investigation as opposed to an interrogation.

Answer 1

Answer:

C. The search of the garbage and the stake-out do not violate the Fourth Amendment

Explanation:

Answer 2

Answer:

C) The search of the garbage and the stake-out do not violate the Fourth Amendment.

Explanation:

The Fourth Amendment protects your property from unreasonable searches and seizures without a warrant, including your garbage as long as it is within the boundaries of your home, and not placed outside on the curb for pickup. In this case, since the garbage was left for pickup, then the Fourth Amendment doesn't apply.

The Fourth Amendment doesn't protect you against police stake-outs.