State v. Lien

KISTLER, S. J., dissenting.

In this case, defendants put out their garbage for collection and disposal, as they ordinarily did. A garbage company employee, at the request of the police, picked up defendants' garbage bin separately and turned the closed bin over to the police, who opened and examined it. In an earlier case, State v. Howard/Dawson , 342 Or. 635, 642-43, 157 P.3d 1189 (2007), we recognized that "when a person gives up all rights to control the disposition of property, that person also gives up his or her privacy interest in the property in the same way that he or she would if the…