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