Molina v. State

1972

Court: WI Supreme Court

Facts: During a brief car chase, Molina throws some bags of white powder out the window. They turn out to be heroin.

Posture: Trial court says the bags are admissible: they were thrown out in public. Appeal.

Issue: Can police officers pick up things that are just thrown out on the street? Is this even a search?

Holding: Yes they can, no it was not.

Rule: There was no seizure or taking.

Reasoning: If nothing gets taken from anyone, and no privacy is violated, and things are in public view, and people are giving up possession of whatever property is in question, there is no problem.

Dicta: