A Police Officer Rummages Through the Garbage of a Suspect

Multiple Choice

A police officer rummages through the garbage of a suspect without probable cause, without a warrant, and without reasonable suspicion. The officer finds incriminating evidence. Unless there is a state law to the contrary, what is the most likely determining factor in the admissibility of the evidence?

A) whether the owner of the garbage expected that no one would rummage through the garbage
B) whether the garbage was located within the curtilage of the residence
C) whether the garbage was located inside or outside of the living quarters
D) whether the garbage was placed in a garbage can or left out of the can