A suspected methamphetamine maker has a right to privacy when it comes to his trash, according to a ruling issued yesterday by state Court of Appeals.

In 2003, Spokane County Sheriff's detectives found a meth lab in Thomas Allen Sweeney's closet and prosecutors charged him with making meth. But Sweeney questioned the method police used to obtain the search warrant:

Spokane County Sheriff's Det. David Knechtel had asked a City of Spokane garbage collector to pick up Sweeney's covered can from the curb on the regular collection day, dump the garbage inside the empty hopper and not pick up any other garbage.

The truck drove to a pre-arranged meeting site a couple blocks away, where Knechtel looked through the trash and found some chemicals and raw materials normally used to make the drug.

Sweeney argued that the search of the garbage was unlawful and asked the trial court to drop the charges. The court agreed and the state appealed.

At issue is a portion of the state constitution, which states: "No person shall be disturbed in his private affairs, or his home invaded, without authority of law."

Appellate Judge Frank Kurtz wrote: "Here, Mr. Sweeney had a reasonable expectation that his garbage would be collected from his curb, mixed with other garbage, and taken to a refuse facility."

The detective's plan was "an unreasonable intrusion by the government into Mr. Sweeney's private affairs," Kurtz said.

The state argued that Sweeney lost his expectation of privacy the moment his garbage was collected.