The police suspected that the accused, Russell Stephen Patrick, was operating an ecstasy lab in his home. On several occasions in December 2003, they seized bags of garbage that the accused had placed for collection at the rear of his property adjacent to a public alleyway. The police did not have to step onto the accused's property to retrieve the bags but they did have to reach through the airspace over his property line. The police used evidence of criminal activity taken from the contents of the accused's garbage to obtain a warrant to search the accused's house and garage. More evidence was seized during the search.
