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STATE v. MORRIS

No. 94-299.

680 A.2d 90 (1996)

STATE of Vermont v. Richard MORRIS.

Supreme Court of Vermont.

March 22, 1996.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Attorney General, and Karen R. Carroll, Assistant Attorney General, Montpelier, for plaintiff-appellee.

Robert Appel, Defender General, and Henry Hinton, Appellate Defender, Montpelier, for defendant-appellant.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

JOHNSON, Justice.

Today, we hold that the Vermont Constitution protects persons from warrantless police searches into the contents of secured opaque trash bags left at curbside for garbage collection and disposal. In our view, because persons have an objectively reasonable privacy interest in the contents of such containers, police must obtain a warrant before searching through them. In this case, absent the evidence obtained...

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