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Senate File 2296 - EnrolledAn Actrelating 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.
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 CHAPMANPresident of the Senate______________________________
PAT GRASSLEYSpeaker 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 SMITHSONSecretary of the SenateApproved _______________, 2022______________________________
KIM REYNOLDSGovernoras/rh
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.
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 CHAPMANPresident of the Senate______________________________
PAT GRASSLEYSpeaker 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 SMITHSONSecretary of the SenateApproved _______________, 2022______________________________
KIM REYNOLDSGovernoras/rh