United States Fourth Circuit

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US v. Jackson, 12-4559

Defendant's conviction for drug trafficking is affirmed, where: 1) evidence was pulled from two bags of trash from a trash can located behind the apartment of defendant's girlfriend, and served as the basis for a search warrant to search the girlfriend's apartment which uncovered further evidence; 2) the district court did not err in finding as fact that at the time of the trash pull, the trash can was sitting on common property of the apartment complex, rather than next to the apartment's rear door; 3) in this location, the trash can was situated and the trash pull was accomplished beyond the apartment's cartilage; 4) in the circumstances of this case, defendant also lacked a reasonable expectation of privacy in the trash can's contents, and thus, the district court's properly concluded that the trash pull did not violate defendant's Fourth Amendment rights.

Appellate Information

  • Decided 08/26/2013
  • Published 08/26/2013

Judges

  • NIEMEYER

Court

  • United States Fourth Circuit

Counsel

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