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A search warrant is not needed for trash that has been put out to the curb - it is considered discarded property. Therefore, in the affidavit for the Search Warrant of your home there would be probably cause - the law agency would have had to make reference to a tip by an annonymous and RELIABLE source - sometimes they refer to them as a CONFIDENTIAL INFORMANT - "CI-1" or "CI-2" and then they would use the baggie as support for the allegation - judges scrtuinze the affidavits to make sure they are legit and valid and do not infringe on due process before issuing them. They do not hand out search warrants like candy. There would have been supportive evidence in the affidavit -
If the baggie taken from the trash is the only thing in the affidavit supporting the search - which I doubt - then it is possible to have the charge dismissed because that evidence does not exist any further - Also, that baggie would need to have a statement for "chain of custody" showing that it came from your trash to the police to the analysis who confirmed it was cocaine or other illegal substance.
Your attorney can request a copy of the affidavit via a discovery process to see what was stated that prompted the issuance of the S and S warrant. If the baggie is the onlhy thing then the attorney might want to proceed with a dismissal based on lack of probable cause.
Best to you in this matter,
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