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U.S. v. SCOTT

No. 91-2289.

975 F.2d 927 (1992)

UNITED STATES of America, Appellant, v. Alan N. SCOTT, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 22, 1992.

Attorney(s) appearing for the Case

Mark W. Pearlstein, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., was on brief, for appellant.

Charles P. McGinty, Federal Defender Office, for defendant, appellee.

Before TORRUELLA and STAHL, Circuit Judges, and HORNBY, District Judge.

TORRUELLA, Circuit Judge.

Constitutionally speaking, we are concerned here with trying to determine whether there is a difference between so-called private and public garbage. The sole issue presented by this appeal is whether the Fourth Amendment prohibits the warrantless seizure and reconstruction of shredded documents found in trash bags located outside the curtilage of appellee's house. Otherwise stated, we must decide whether the shredding of private documents...

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