9.3: California v. Greenwood
PETITIONER RESPONDENT
California Greenwood
DOCKET NO. DECIDED BY
86 684 Rehnquist Court
LOWER COURT
State appellate court
CITATION
486 US 35 (1988)
ARGUED
Jan 11, 1988
DECIDED
May 16, 1988
ADVOCATES
Michael J. Pear Argued the cause for the petitioner
Michael Ian Garey By appointment of the Court, argued the cause for the respondents
Facts of the case
Local police suspected Billy Greenwood was dealing drugs from his residence. Because the police did not have enough evidence for a warrant to search his home, they searched the garbage bags Greenwood had left at the curb for pickup. The police uncovered evidence of drug use, which was then used to obtain a warrant to search the house. That search turned up illegal substances, and Greenwood was arrested on felony charges.
Question
Did the warrantless search and seizure of Greenwood's garbage violate the Fourth Amendment's search and seizure guarantee?
Conclusion
7 -2 Decision for CA Majority Opinion By Byron R. White
| FOR | AGAINST |
|---|---|
|
Blackmun Stevens White O’Connor Rehnquist |
Brennan Marshall |
Voting 6 to 2, the Court held that garbage placed at the curbside is unprotected by the Fourth Amendment. The Court argued that there was no reasonable expectation of privacy for trash on public streets "readily accessible to animals, children, scavengers, snoops, and other members of the public." The Court also noted that the police cannot be expected to ignore criminal activity that can be observed by "any member of the public."