Is Your Trash Really Private? (The Government Doesn’t Think So)

By: John Guidry

In case you haven’t noticed, technology is making it easier to track your every move. Your iPhone secretly tracks your location. Your credit card tracks your purchases. And so on.

Big Brother cares about this information because the government is obsessed with catching its citizens doing something wrong—typically drug charges. But sometimes, they don’t need high-tech satellites or cell tower data. Sometimes, they just need to root through your garbage.

Trash can tell you a lot about a person.

• Is there a pregnancy test in the trash?
• Maybe more than a few wine bottles?
• What about magazines or papers indicating your political affiliation?

We all should be concerned over the government intrusion created by “legal” trash pulls.

Did the police find evidence in your garbage cans?

This is a common tactic, but it can be challenged. Call John today at (407) 423-1117.

The Law: “Abandoned” Property

The U.S. Supreme Court has ruled that once you drag your trash can to the curb, you have “abandoned” that property. Therefore, you have no expectation of privacy, and the police can dig through it without a warrant.

This distinction often comes down to “curtilage.” If the trash is up against your house, it’s private. If it’s on the curb, it’s fair game.

The Voice of Reason: State v. Colitto

However, not every judge agrees with this invasion of privacy. In State v. Colitto, 929 So. 2d 654 (Fla. 4th DCA 2006), Judge Farmer issued an eloquent lambasting of the government’s intrusion in a trash pull case that ended in a cocaine trafficking conviction.

Judge Farmer argued that just because you throw something away, doesn’t mean you want the police analyzing it:

“To my mind, it is a pretty serious thing to have police making unfounded searches of a private citizen’s residential trash… The Supreme Court is appallingly mistaken if they think people do not regard even the waste placed for collection as very, very private. The placement on the curb reflects only that its use to the owner is over. It does not follow that the end of use means the end of privacy.“

The Failed “War on Drugs”

Judge Farmer didn’t stop there. He connected the obsession with trash pulls to the broader failure of the War on Drugs. He noted that the state’s power to seize trash without any legal basis is just one more manifestation of the government’s obsession with its residents’ “pharmacological pursuits.”

“This mania of the last four decades has been a costly failure… Like other pickpockets in the crowd while the condemned ascends the guillotine, there will ever be those to supply these illicit apples for a price… We might as well expend law’s resources in a campaign to erase original sin.”

John’s Takeaways

• The Curb is Public: Until the Supreme Court changes its mind (or listens to judges like Farmer), you must assume that anything you put on the curb is public domain. Police do not need a warrant to search it.
• Privacy is a Myth: As Judge Farmer noted, disposing of waste does not convey an intention to have the whole world searching it—but the law treats it that way.
• Investigative Tool: Police use trash pulls to build “probable cause” to get a warrant for your actual house. If they find drug residue in the trash bags, they use that to kick down your front door.

Protect Your Privacy

If you are facing charges based on evidence found in your trash, we need to look closely at where the trash was located. Was it actually on the curb? Or did the officer step onto your private property to grab it? That distinction makes all the difference.

Call me at (407) 423-1117. Let’s fight for your privacy.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.