Commonwealth v. Marsalisi

By JUDGE WILLIAM R. SHELTON

The question presented in this case is whether the warrantless search of people’s garbage, put outside their homes for collection, violates any interest protected by the Fourth Amendment.

Defendant was charged with one count of possession of cocaine with the intent to distribute and with being in possession of a firearm while also in possession of narcotics. Prior to arresting defendant, a search warrant for his home was obtained. The affidavit from which the warrant issued was based on an informant’s representation, eyewitness information turned into Crime Solvers,…