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Judge: Search of defendant's trash was OK

 

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A District Court judge in Miles City has denied a motion to suppress evidence found in the garbage of a former fire captain who is facing drug charges. District Judge Gary Day ruled last Friday that 48-yearold Leonard Dunning had no expectation of privacy with regard to garbage placed in the alley behind his house. Officers searched his garbage in July 2009, finding glass pipes, a light bulb converted into a pipe, small bags of marijuana and a broken digital scale. That evidence was used to obtain a search warrant for Dunning's house where officers reported finding bags of methamphetamine and a quarterpound bag of marijuana along with various paraphernalia. Dunning and another man were arrested on drug charges.

 

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