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Supreme Court Justice: Orwell's 1984 Has Arrived 2005-08-06 14:41:00 (260 weeks ago) Posted By: JWSmythe (Read 2233 times || 1 comments) Believe it or not, it's perfectly legal for police to rummage through your garbage for incriminating stuff on you -- even if they don't have a warrant or court approval. The Supreme Court of Montana ruled last month that police could conduct a warrantless "trash dive" into the trash cans in the alley behind the home of a man named Darrell Pelvit. The cops discovered evidence of pseudoephedrine and Naptha -- a solvent with uses including the manufacture of methamphetamine -- and Pelvit eventually ended up in prison. Pelvit's attorney argued that his client had a reasonable expectation of privacy in his trash, but the court rejected the argument and said the trash was, well, meant to be thrown away. What's remarkable is the concurring opinion of Montana Supreme Court Justice James C. Nelson, who reluctantly went along with his colleagues but warned that George Orwell's 1984 had arrived. We reproduce his concurring opinion in full: Justice James C. Nelson concurs. I have signed our Opinion because we have correctly applied existing legal theory and constitutional jurisprudence to resolve this case on its facts. I feel the pain of conflict, however. I fear that, eventually, we are all going to become collateral damage in the war on drugs, or terrorism, or whatever war is in vogue at the moment. I retain an abiding concern that our Declaration of Rights not be killed by friendly fire. And, in this day and age, the courts are the last, if not only, bulwark to prevent that from happening. In truth, though, we area throw-away society. My garbage can contains the remains of what I eat and drink. It may contain discarded credit card receipts along with yesterday's newspaper and junk mail. It might hold some personal letters, bills, receipts, vouchers, medical records, photographs and stuff that is imprinted with the multitude of assigned numbers that allow me access to the global economy and vice versa. (story continues below) Your Ad Here Make a donation today to remove the advertisments! This Story Has Been Archived. To read the full story in the archives, please make a donation. Log In Now Admin Functions Edit Story Email To A Friend Email this story to a friend: Your Name: Their Email:   Related Stories (βeta) Supreme Court: Terror Suspects Can Use Courts 2004-07-19 04:33:19 (Score: 45) Grumbling, U.S. Supreme Court Reluctantly Lets 'Party Boss' Law Stand 2008-01-17 03:39:25 (Score: 35) Supreme Court Unanimously Backs Emergency Police Entry 2006-05-22 14:50:53 (Score: 33) Supreme Court Trims Police Power To Search Homes 2006-03-23 00:32:47 (Score: 33) U.S. Supreme Court Back No-Knock Police Search 2006-06-15 15:33:31 (Score: 33) Supreme Court Justices Grill Detainee's Lawyer 2007-12-05 13:19:02 (Score: 32) U.S. Supreme Court Vacates Decision That Allowed Indefinite Detention Of Terror Suspects 2009-03-06 16:38:39 (Score: 32) Supreme Court Justice Ruth Bader Ginsburg Hospitalized With Pancreatic Cancer 2009-02-05 15:40:00 (Score: 32) U.S. Supreme Court Rules Against Navajo Nation In Coal Royalty Case 2009-04-06 14:48:44 (Score: 32) U.S. Supreme Court Upholds Conviction In Gun Case 2009-02-24 14:32:38 (Score: 31) Judge Orders Justice Dept. To Produce White House Memos On Warrantless Wiretaps 2008-11-02 01:43:08 (Score: 31) U.S. Supreme Court Justice Stevens Rips Capital Punishment System 2005-08-07 13:15:43 (Score: 31) Supreme Court Rejects Multi-Billion Penalty Against Tobacco Companies 2005-10-17 10:56:32 (Score: 31) U.S. Supreme Court: Flaws In Warrants Don't Taint Evidence 2009-01-14 16:56:57 (Score: 30) U.S. Supreme Court: Federal Rules Do Not Protect Pharmaceutical Companies From Consumer Lawsuits 2009-03-04 17:40:17 (Score: 30)   Readers Comments Re: Supreme Court Justice: Orwell's 1984 Has Arrived 2005-08-07 18:27:19 I say the answer to much of what the good judge points out is a good sales pitch for everyone to get a shredder. As far as the particular case is concerned, how does one know that I did not walk through the guy's alley and throw something into his garbage can? Here in Chicago, I do that all that time. I my case it is usually so as not to litter, but I have tossed things from the office into cans in the alley on the way to the train station when I didn't want anyone to find something. The problem is if the person was convicted of this on this evidence, there is something wrong with the defense lawyers and the sitting judge on the case.......JD Dixon (Chicago) Add your own comment. (Anonymous commenting now enabled.)

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