808.16 Exception to search warrant requirement — garbage searches. 1. It is the public policy of this state that a person has no reasonable expectation of privacy in garbage placed outside of the person’s residence for waste collection in a publiclyaccessible area. 2. A city or county shall only adopt an ordinance or a regulation concerning waste management and sanitation for the purposes of promoting public health and cleanliness. Anordinance or a regulation adopted by a city or county shall not be construed by a personto create a reasonable expectation of privacy in garbage placed outside of the person’sresidence for waste collection in a publicly accessible area. 3. Garbage placed outside of a person’s residence for waste collection in a publicly accessible area shall be deemed abandoned property and shall not be considered to beconstitutionally protected papers or effects of the person. 4. A peace officer may conduct a search and may seize garbage placed outside of a person’s residence for waste collection in a publicly accessible area without making anapplication for a search warrant. 2022 Acts, ch 1022, §1 Sat Dec 23 12:34:03 2023 Iowa Code 2024, Section 808.16 (1, 0)
Iowa Legal Code