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
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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
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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
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as/rh
2/
2