Document Dump: ACORN Contacts DA, They Want Their Garbage Back

NY TIMES/THE LID ^ | 11/24/09 | The Lid

[Shellybenoit]

Yesterday Big Government broke the story about an attempt by ACORN to obstruct justice by dumping documents into a trash bin just before a visit from the California AG's office:

On October 1st, 2009 California Attorney General Jerry Brown announced that an investigation had been opened into ACORN’s activities in California, resulting from undercover videos showing employees seemingly offering to assist the undercover film makers with human smuggling, child prostitution and even tax advice to boot.

Although ACORN has denied any wrongdoing, some of the employees involved were terminated, and ACORN has publicly stated that they would fully cooperate with any investigations that followed.

Shockingly, we now learn that the ACORN office in National City (San Diego County) engaged in a massive document dump on the evening of October 9th, containing thousands upon thousands of sensitive documents, just days prior to the Attorney General’s visit.

All day long the Big Government site has been showing some of the incriminating documents, but who knows for how long they will be able to continue because the ACORN office has contacted the local DA, apparently they want their garbage back.

[highlander_UW]

They can’t have it back, it’s now evidence of crime.

[A CA Guy]

The government can keep their garbage and use it as evidence against them unless there is some inside pressure to hand it back for no legal reason.

[Ancient Drive]

rofl you just can’t make this $hit up! I was listening to the radio on the way home from work and wow... just wow.

[IMissPresidentReagan]

If the documents were in the trash, then they are abandoned and are fair game, iirc.

[Army Air Corps]

Um, you idiots tossed the documents into the rubbish.

[Petronski]

(Reasonable) expectation of privacy

[azishot]

Too bad! There’s enough garbage at ACORN. Make due with what you have.

[Petronski]

Relevant case-law, wiki-digested

[Tzimisce]

I’m sorry, first it’s criminal evidence and second it’s public property.

[robomatik]

"a police or government search is subject to the limitations of the Fourth Amendment:

says nothing about a private citizen...

[Paige]

Garbage was dumped and out of the posession of ACORN, this is one funny story.

[IMissPresidentReagan]

I’m wondering if there is any more recent California state law - because a state can grant it’s citizens even more protection than the Constitution does - so Cali’s legislators could propose a prop that said garbage was protected (or something generally along those lines). I don’t live in Cali so I’m not well versed in their more recent state case law.

[cranked]

Lol @ at the ACORN idiots.

[GOPJ]

It was liberal groups like ACORN that pushed for the rights of homeless to be able to dumpster dive. This is just deserts.

[Petronski]

I’m just posting related law.

[Secret Agent Man]

Sorry, it was garbage. Once it’s in the receptacle anyone else can take it.

I damn sure bet they want it back. They ain’t getting it back. See, we’re investigating your ASS on FRAUD charges and we’re going to comb through it to find EVIDENCE. Can’t give it back, it isn’t yours anymore anyway.

[GOPJ]

If the documents were in the trash, then they are abandoned and are fair game, iirc.

You're right - and it was a liberal group that pushed through that law about 30 years ago...

[jcb2009]

Time to release it all! This Banana Republic isn’t going to investigate anyway. Best hope is that it finds it’s way into the court of public opinion.

[IMissPresidentReagan]

Private actions by private citizens aren't typically encompassed by the Constitution. For example, if someone, acting on their own behalf, finds evidence of a crime, by being in a house without a warrant, then he/she can turn that over and that evidence is permissible, so long as the police and the private citizen weren't working together. The Constitution only restricts the actions of the government against private citizens.

However, there may be a state law that is applicable, but I don't really know. Most states don't have them and view garbage as abandoned.