Ethics question about the aborted babies found in the dumpsters

[Laura_B]

Hi:
Here in Michigan there have been at least two cases recently in which aborted babies (along with medical waste and patient records) were found in dumpsters.

While I agree that this is indeed horrible and I think it’s wonderful that these children are being given a Christian burial, I have a question how this was discovered. Wasn’t it trespassing? I just don’t understand the legality of the matter.

God bless you and yours,

 

[Texas_Roofer]

Jay Edgar Hoover lost a famous Supreme Court case when it was ruled trash is public domain. It would seem illegal to dump bio-products in trash, what about blood borne illness?

 

[Laura_B]

Thanks for the response. I understand that trash is public domain, but couldn’t it be argued that those searched through the trash trespassed? Presumably they had to cross private property to get to the dumpster. Also, the dumpster itself belonged to somebody, couldn’t that entity argue the searchers trespassed?

Sorry, I’m not a lawyer. I’ve just been wondering about that aspect of these matters.
God bless,

 

[NPC]

Nor am I a lawyer, but it seems to me that what it would come down to is how the law sees the body of an aborted baby. If it is simply regarded as rubbish to be discarded in a dumpster then there is only the question of whether those who searched through the dumpster were trespassing. On the other hand, if the law recognises that there is an actual human body - regardless of what stage of life it was at - then surely there must be the question of the ‘greater good’ (or whatever the equivalent legal term is). I mean, surely if the law places any value on human life, the charge of trespassing would be ignored since it was this trespassing which exposed the greater crime of disposing of a body in such an improper (or perhaps, even illegal) manner.

 

[Texas_Roofer]

Thanks for the response. I understand that trash is public domain, but couldn’t it be argued that those searched through the trash trespassed? Presumably they had to cross private property to get to the dumpster. Also, the dumpster itself belonged to somebody, couldn’t that entity argue the searchers trespassed?

Sorry, I’m not a lawyer. I’ve just been wondering about that aspect of these matters.
God bless,

Well you can argue anything but in the Hoover decision it was pointed out that his trash and most trash is within public domain. In his case the curb, you also have the attractive nuisance issue which is if I pick up litter and place it in your trash I did what is expected of responsible society. Now if I go walking around your yard looking for a trash can, or I wonder around with a piece of trash in my hand then you can argue my intent is outside of attractive nuisance, and outside of expected behavior. But one would expect the medical community to be in public areas. So all who discard trash are under the same legal condition as those who remove trash.