New Garbage Search Law Likely To Face Court Challenge

(Des Moines, IA) — A new law in Iowa allows police to search through a person’s garbage for criminal evidence without a warrant. But it’s at odds with an Iowa Supreme Court decision last year that said the search of a Clear Lake man’s trash without a warrant was an invasion of his privacy. Drake University law professor Bob Rigg says that decision stands despite the new law because “essentially the Iowa legislature cannot overrule the Iowa Supreme Court in interpreting what the Iowa Constitution (says).” The issue is likely to end up back before the state’s High Court, which will soon have a new member. Retiring Justice Brent Appel was part of the majority in the previous case, which means the new member could make a difference in the garbage-searching decision.