135 lines
5.8 KiB
Plaintext
135 lines
5.8 KiB
Plaintext
DUMPSTER DIVING
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COPYRIGHT (C) 1991 BY FULL DISCLOSURE. ALL RIGHTS RESERVED.
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In light of the recent debates regarding the various activities of the
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``hacking community'' and it various methods of collecting and distributing
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information the following legal opinion by the Detroit, Michigan Police
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Department is presented to give some insight on the activity refered to as
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``Dumpster Diving.''
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Not only does this opinion show that such an activity can be legal but that
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it is not exclusive to the hackers, but is a investigative procedure of law
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enforcement agencies:
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SEARCH OF ABANDONED REFUSE
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``A recent Michigan Court of Appeals decision concerns searches of rubbish
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and garbage without a search warrant. Although courts in other states have
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addressed the legality of such searches, no Michigan appellate court has ever
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been confronted with the question.
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``People v Richard Whotte aka Richard Breathour
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``QUESTION: Is it ever legal to search rubbish and refuse for evidence if the
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rubbish or refuse has not been set out for or picked up by trash collectors
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if I do not first obtain a search warrant?
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``ANSWER: Such searches without search warrants are permissible if they meet
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the standards listed in People v Whotte.
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``DISCUSSION:
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``In People v Whotte, Mich App (Feb 1982), a Grosse Pointe Park detective was
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investigating a hold-up of a bar when he had occasion to speak to a possible
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subject at a two-family apartment. The detective noted that there was
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domestic rubbish scattered in the backyard of a two-family flat and it
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appeared that dogs, cats, or other animals had strewn the litter about the
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yard in searching for foodstuffs. The detective noted credit card receipts
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within the refuse in the name of the suspect. The next day, the detective
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returned, re-examined the credit card receipts, and looked inside one of the
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torn open bags in the yard, finding the suspect's wedding license and a
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wallet of one of the victims. This information was elicited in testimony at
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the circuit court. Upon this and other evidence, defendant was found guilty
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and eventually appealed his conviction, unsuccessfully.
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``Other states have addressed the issue of whether or not a search warrant is
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needed to examine trash and have generally decided that such searches are
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legal if the garbage has been left at a spot where the garbage is collected
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by the collection service or if the garbage has lost its identity by being
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mingled with other people's trash. The Michigan Court of Appeals has adopted
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the Alaska rule, which attempts to determine if the search violates the trash
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owner's reasonable expectations of privacy. That determination is made
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considering these factors:
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``1. Where the trash is located;
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``2. Whether the dwelling is a multiple or single family unit;
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``3. Who recovered the trash;
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``4. Where the search of the trash takes place.
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``Based on these standards, a search warrant is probably needed if the
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rubbish is stored immediately outside a rear door of a single family dwelling
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and only placed outside the back fence on trash collection day. However,
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trash thrown onto a common heap in the backyard of a large apartment building
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where roaming dogs strew it about would not require a warrant. Further,
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although the test might indicate otherwise, trial courts will probably not
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allow searches of trash inside of buildings even if there has been indication
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of intent to abandon the trash.
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``The test announced in this new case adopts a common sense approach as to
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whether the trash has been abandoned or just removed from inside the house to
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a more convenient location. Common sense would also dictate, though, that in
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questionable circumstances, discretion favors obtaining a search warrant.
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This case appears to be the state of the law in Michigan today, but is
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subject to reversal by a superior court.
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``Members having questions about this case are requested to contact the Legal
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Advisor Unit at Centrex 4-4426 or Police Dial 346.
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The above is reprinted from Full Disclosure Newspaper. Subscribe today and
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get interesting articles like the above, plus more... pictures, graphics,
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advertisement, and more articles. Full Disclosure is your source for
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information on the leading edge of surveillance technology. Print the
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following form, or supply the information on a plain piece of paper:
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----
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Please start my subscription to Full Disclosure for:
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[ ] Sample issue, $2.00
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[ ] 24 issue subscription, $29.95
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With 24 issue susbcription include free one of the following:
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[ ] Directory of Electronic Surveillance Equipment Suppliers
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[ ] Citizen's Guide on How to Use the Freedom of Info/Privacy Acts
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[ ] Maximizing PC Performance
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Also available separately:
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[ ] Directory of Electronic Surveillance Equipment Suppliers, $6.00
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[ ] Citizen's Guide on How to Use the Freedom of Info/Privacy Acts, $5.00
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[ ] Maximizing PC Performance, $6.00
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Illinois residences, add 6.5% sales tax on above 3 items.
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Return to: Full Disclosure, Box 903, Libertyville, Illinois 60048
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