Tuesday, April 28, 2009

California v. Greenwood, 486 U.S. 35 (1988)

Facts


Investigators had received tips that Greenwood was selling narcotics from his home and Stracner personally observed several vehicles make brief stops at the home.  Stracner requested that Greenwood’s trash be set aside from other trash and given to her.  Items indicative of narcotics use was found.  Based on this information, a warrant was issued and cocaine and hashish were discovered during the search.  Greenwood posted bail and the same activity occurred again.


Procedural History


 


Issue(s)


Does the Fourth Amendment prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of the home?


Holding(s)


No.


Reasoning/Analysis


The court found that Greenwood exposed his garbage to the public sufficiently to defeat his claim to Fourth Amendment protection.  It is common knowledge that plastic garbage bags left at the side of a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public.


Judgment/Outcome


The Court reversed the judgment of the California Court of Appeals.

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