Fellow Cypherpunks, As if there was any doubt, the following will show that even shredded trash is not safe:
From _Search and Seizure Bulletin_, Vol 30, No. 9, September 1993
Shredded Documents - No Privacy Interest in Public Trash Massachusetts United States v. Scott, 975 F.2d 927 (1992) The Internal Revenue Service (IRS) suspected Scott of filing false income tax returns. IRS agent's searched Scott's garbage bags which were left in front of his house for collection and found shredded documents. The agents pieced the papers together and were able to establish probable cause to request search warrants based on the evidence revealed in the whole documents. The IRS presented a 47-count indictment against Scott. Scott moved to suppress the evidence, claiming the search of his garbage violated his privacy interests. His motion was granted and the United States appealed. DECISION: Reversed and sent back to the lower court. The Constitution does not prohibit the warrantless seizure of shredded documents found in public trash. Scott relinquished his reasonable expectation of privacy in the garbage once he abandoned it outside his house to be collected or destroyed by a third party. That he may have desired secrecy by shredding the documents does not change the fact he left the garbage in the public domain, and the police were free to use their resources to collect the evidence. A legitimate expectation of privacy is measured not by the individual's desire to maintain secrecy, but by whether the government's action violates constitutionally recognized privacy rights. Because Scott had no constitutionally protected privacy interest in this trash, the appeals court decided his motion to suppress should have been denied. California v. Greenwood, 486 U.S. 35, 108 S.Ct. 1625, 100 L.Ed.2d 30 (1988) United States v. Mustone, 469 F.2d 970 (1972) Dan uunet!anagld!decode!dan -- system@decode.UUCP (System Operator) Cryptography, Security, Privacy BBS +1 410 730 6734 Data/FAX