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So a couple of years ago, a story out of Portland went viral. The Willamette Weekly had responded to police saying they could look through people's trash without a warrant in the best possible way-- by digging through the trash of police officials and reporting the contents. /1
Here's that story, from all the way back in 2002:
https://www.wweek.com/portland/article-1616-rubbish.html-2
/2
https://www.wweek.com/portland/article-1616-rubbish.html-2
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So, you might think, funny story, heartwarming push back against tyranny. Except that story emerged again, in 2019. The Supreme Court of Oregon specifically referenced this story to hold, for the first time, that people's trash is protected from arbitrary search and seizure. /3
Here's the opinion, and here are a few choice bits: /4
https://scholar.google.com/scholar_case?case=1427228166667138422&q=trash+lebanon&hl=en&as_sdt=4,38
https://scholar.google.com/scholar_case?case=1427228166667138422&q=trash+lebanon&hl=en&as_sdt=4,38
If our privacy rights are based on what's reasonable to expect from strangers, and we're freaked out by strangers digging through our trash, then it made sense that Oregon's right to privacy would protect citizens from government trash pulls. /5
Now, this was an Oregon-specific case, and in most places, the police can search your trash for no reason at all, as in this 10th Circuit case where an unreliable test showed tea leaves in a trash bag as marijuana. /6
https://www.ca10.uscourts.gov/opinions/16/16-3014.pdf
https://www.ca10.uscourts.gov/opinions/16/16-3014.pdf
But this is one of my favorite stories about the power of journalism, because it shows how you can get powerful people to start caring how the rest of us are treated--through scrutiny.
Judges rule for defendants when they can imagine themselves in their shoes. /7
Judges rule for defendants when they can imagine themselves in their shoes. /7
And in this phenomenal piece of reporting, a small group of journalists helped change the mind of a State's highest court.
Reporters can do some pretty valuable work, when they set their mind do it. /f
Reporters can do some pretty valuable work, when they set their mind do it. /f
Oh, and I know that I posted the link above already but I'm putting it here again because you absolutely should read this amazing article. https://www.wweek.com/portland/article-1616-rubbish.html-2
