State v. Henderson

HAYDEN, Judge.

Defendant appeals from the judgment entered in the district court following his conviction for second degree theft. The defendant claims the fourth amendment prohibits the warrantless search and seizure of the garbage left for collection outside his home. We disagree and affirm the judgment of the trial court on this issue. Sentence is partially vacated.

I

The defendant, Jerry Lee Henderson, was charged with theft in the second degree, in violation of Iowa Code sections 714.1(4) and 714.2(2). On May 20,1986, 739 sheep skins were stolen from the Oshkosh Tannery in Boone. The…