#Into the trash it goes meme trial#
The trial court denied the motion and sentenced Hansen to three years. Therefore, Hansen claimed, the judge would have concluded that the warrantless seizure of the garbage can from the curtilage of his home on private property was improper and would not have issued the search warrant. He argued that, if the judge reviewing the affidavit had been aware of the precise location of the garbage can when the officer took his can and emptied it into the garbage truck, the judge would have known the garbage can was on private property. Hansen claimed he told the garbage company not to use the “driveway” leading to his house. Hansen claimed he had an agreement with the garbage pickup company not to pick up his trash unless he moved the container “to a public property location” 200 feet from his garage. If the defendant can meet both these tests, he is entitled to a hearing at which the allegations must be proven by a preponderance of the evidence. Additionally, the defendant must show that the false (or material omitted) information was essential to the judge’s finding of probable cause to search. The defendant must provide a detailed offer of proof to support the motion for a Franks hearing. 154 (1978)), the Supreme Court held that a criminal defendant may challenge a facially sufficient affidavit with substantial preliminary showing that a false statement (or omitted material statement) was included in the warrant affidavit, knowingly and intentionally or with reckless disregard for the truth. He asked the court for a “ Franks” hearing, alleging the officer omitted material information from the warrant affidavit when he failed to state that the garbage can was located on private property.
Hansen asked the trial court to suppress the evidence. Hansen was charged with being a felon in possession of a firearm. A judge issued a search warrant and officers searched Hansen’s residence, discovering guns and ammunition. The officer prepared a warrant application and affidavit summarizing the circumstances and the findings of the garbage search. Officers sorted through the trash and found gun catalogs, a plastic baggie containing marijuana and a transaction history documenting Hansen’s purchases of various gun parts. When the officer arrived on the garbage truck, he saw a trash container on the east side of the garage, retrieved it and emptied the contents into the garbage truck. The officer arranged for a trash pull at Hansen’s residence and rode to the property in a garbage truck. The officer knew Hansen had a prior felony conviction. She listed her address as the home she shared with Hansen on the purchase form. An officer, reviewing recent gun purchase records, saw a record indicating Proskocil had purchased a shotgun. 2022)Įdward Hansen lived with his girlfriend, Jessica Proskocil.
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