U.S. v. Simms

In prosecution on multiple drug and firearms charges, Dist. Ct. did not err in denying defendant's motion to suppress marijuana seized by police officers while searching defendant's garbage cans located in defendant's fenced front yard. Defendant did not have reasonable expectation of privacy as to content of garbage cans even if said cans were located within fenced yard where: (1) gate to front yard was open; and (2) at time of search garbage men had ability, pursuant to local ordinance, to take cans from front yard to empty trash. Moreover, instant search was authorized by defendant's appearance of consent to take garbage under instant circumstances.