Senate
File
2296
-
Enrolled
Senate
File
2296
AN
ACT
RELATING
TO
A
PEACE
OFFICER’S
SEARCH
OF
GARBAGE
PLACED
OUTSIDE
OF
A
PERSON’S
RESIDENCE
FOR
WASTE
COLLECTION
IN
A
PUBLICLY
ACCESSIBLE
AREA.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
808.16
Exception
to
search
warrant
requirement
——
garbage
searches.
1.
It
is
the
public
policy
of
this
state
that
a
person
has
no
reasonable
expectation
of
privacy
in
garbage
placed
outside
of
the
person’s
residence
for
waste
collection
in
a
publicly
accessible
area.
2.
A
city
or
county
shall
only
adopt
an
ordinance
or
a
regulation
concerning
waste
management
and
sanitation
for
the
purposes
of
promoting
public
health
and
cleanliness.
An
ordinance
or
a
regulation
adopted
by
a
city
or
county
shall
not
be
construed
by
a
person
to
create
a
reasonable
expectation
of
privacy
in
garbage
placed
outside
of
the
person’s
residence
for
waste
collection
in
a
publicly
accessible
area.
3.
Garbage
placed
outside
of
a
person’s
residence
for
waste
collection
in
a
publicly
accessible
area
shall
be
deemed
abandoned
property
and
shall
not
be
considered
to
be
constitutionally
protected
papers
or
effects
of
the
person.
Senate
File
2296,
p.
2
4.
A
peace
officer
may
conduct
a
search
and
may
seize
garbage
placed
outside
of
a
person’s
residence
for
waste
collection
in
a
publicly
accessible
area
without
making
an
application
for
a
search
warrant.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2296,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor