Senate File 2111 - Introduced SENATE FILE 2111 BY DAWSON A BILL FOR An Act relating to a peace officer’s search of garbage placed 1 outside of a person’s residence for waste collection in a 2 publicly accessible area. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5178XS (3) 89 as/rh
S.F. 2111 Section 1. NEW SECTION . 808.16 Exception to search warrant 1 requirement —— garbage searches. 2 1. It is the public policy of this state that a person has 3 no reasonable expectation of privacy in garbage placed outside 4 of the person’s residence for waste collection in a publicly 5 accessible area. 6 2. A city or county shall only adopt an ordinance or a 7 regulation concerning waste management and sanitation for 8 the purposes of promoting public health and cleanliness. An 9 ordinance or a regulation adopted by a city or county shall not 10 be construed by a person to create a reasonable expectation of 11 privacy in garbage placed outside of the person’s residence for 12 waste collection in a publicly accessible area. 13 3. Garbage placed outside of a person’s residence for 14 waste collection in a publicly accessible area shall be 15 deemed abandoned property and shall not be considered to be 16 constitutionally protected papers or effects of the person. 17 4. A peace officer may conduct a search and may seize 18 garbage placed outside of a person’s residence for waste 19 collection in a publicly accessible area without making an 20 application for a search warrant. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to a peace officer’s search of garbage 25 placed outside of a person’s residence for waste collection in 26 a publicly accessible area. 27 The bill provides that it is the public policy of this 28 state that a person has no reasonable expectation of privacy 29 in garbage placed outside of the person’s residence for waste 30 collection in a publicly accessible area. An ordinance or a 31 regulation adopted by a city or county shall not be construed 32 by a person to create a reasonable expectation of privacy in 33 garbage placed outside of the person’s residence for waste 34 collection in a publicly accessible area. 35 -1- LSB 5178XS (3) 89 as/rh 1/ 2
S.F. 2111 The bill provides that garbage placed outside of a person’s 1 residence for waste collection in a publicly accessible area 2 shall be deemed abandoned property and shall not be considered 3 to be constitutionally protected papers or effects of the 4 person. A peace officer may conduct a search and may seize 5 garbage placed outside of a person’s residence for waste 6 collection in a publicly accessible area without making an 7 application for a search warrant. 8 -2- LSB 5178XS (3) 89 as/rh 2/ 2