I do not believe this is right. Where are you quoting from? I agree with everything else though. Saying that, different states would operate slightly differently where there are statutory regimes in place as opposed to simply relying on the common law for the source of police powers.
I am waiting for someone to saunter up to the bin, and whilst making it completely obvious, take out a great big Glad bag filled with about a kilo of some inert white powder, casually place it in the bin, as slowly as possible, and saunter on in to the venue.