This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 483

That much follows from cases like Jacobsen, N. Y.

. 116 468 508, 512-513, 492 N. E. 2d 719, 721-722 (1986); Cooks v. State, 699 P.2d 653, 656 (Okla. See United States v. Dela Espriella, The North Dakota Supreme Court held that the search of the garbage bag did not violate the defendants' Fourth Amendment rights. Rather, our decisions concerning the scope of the Fourth Amendment exclusionary rule have balanced the benefits of deterring police misconduct against the costs of excluding reliable evidence of criminal activity. U.S. 10, 14

The Court adopted California’s view on the case, ruling that police could search the trash without a warrant. Brief Fact Summary. U.S. 35, 53], That is not to deny that isolated intrusions into opaque, sealed trash containers occur.

Scrutiny of another's trash is contrary to commonly accepted notions of civilized behavior. U.S. 294, 300

App. . (1986) (opinion of Powell, J. We see no merit in Greenwood's position. denied sub nom. denied, ; and "packages wrapped in green opaque plastic," ibid. . (1987); California v. Ciraolo, as civilized behavior," Washington Post, July 10, 1975, p. A18, col. 1 (editorial); and contrary to "the way decent people behave in relation to each other," ibid. *, [ (1985); State v. Ronngren, 361 N. W. 2d 224, 228-230 (N. D. 1985); State v. Brown, 20 Ohio App. 3

 

App. In evaluating the reasonableness of Greenwood's expectation that his sealed trash bags would not be invaded, the Court has held that we must look to "understandings that are recognized and permitted by society." Greenwood left his trash in an area for public inspection, therefore he does not have a reasonable expectation of privacy in those trash bags. 1.   (1981), for example, Justice Stewart, writing for a plurality of four, pronounced that "unless the container is such that its contents may be said to be in plain view, those contents are fully Respondents were arrested on felony narcotics charges. Like riffling through desk drawers or intercepting phone calls, rummaging through trash can divulge the target's financial and professional status, political affiliations and inclinations, private thoughts, personal relationships, and romantic interests.

Acting on a tip that Greenwood was involved in drug trafficking, police instructed the trash collector who collects Greenwood’s trash to turn over the trash left at the curb on two occasions.

U.S. 207, 211 444 1701-1705, 1708, but the expectation of privacy in no way depends on statutory protection. (1925), did not apply to packages found in an automobile. We conclude, in accordance with the vast majority of lower courts that have addressed the issue, that it does not. U.S. 727

Footnote 3 . U.S. 420, 428 [486 Here, we conclude that respondents exposed their garbage to the public sufficiently to defeat their claim to Fourth Amendment protection.

414 See, e. g., United States v. Leon, U.S. 454, 460 The search of Greenwood’s house revealed further evidence of drug activity.

3d 357, 486 P.2d 1262 (1971), which held that warrantless trash searches violate the Fourth Amendment and the California Constitution. U.S. 483, 487

The Court of Appeal noted that California law bars police from conducting warrantless trash searches but, due to a change in the California Constitution, suppression of evidence was not available as a remedy. , argued the cause for respondents and filed a brief for respondent Greenwood.  

1978)); Weberman, The Art of Garbage Analysis: You Are What You Throw Away, 76 Esquire 113 (1971) (analyzing trash of various celebrities and drawing conclusions about their private lives).

Rahaeuser sorted through the garbage for evidence of drug use and reiterated the evidence to receive a search warrant for Greenwood’s home. A newspaper editorial criticizing this journalistic "trash-picking" observed that "[e]vidently . The trash bags in question here were sealed opaque bags that were expected to be quickly mixed with many other trash bags. The police discovered quantities of cocaine and hashish during their search of the house. In the majority opinion, the Court emphasized the importance of the “reasonable person” test, reiterating that any intrusion upon a person’s privacy must be considered reasonable by an average member of society. The Court’s Fourth Amendment jurisprudence does not hang on the conception of privacy of each State.

3d 873, 886-887, 694 P.2d 744, 752-753 (1985) (later constitutional amendment abolished exclusionary remedy but left intact the substance of the right). Crim.

denied, 466

The officer searched through the rubbish Given the fact that a person’s trash reveals an incredible amount of information about a person’s private life, it is that much more important that the opaque bags here should be given Fourth Amendment protection. Stracner learned that a criminal suspect had informed a federal drug enforcement agent in February 1984 that a truck filled with illegal drugs was en route to the Laguna Beach address at which Greenwood resided.

U.S. 35, 42]

376 (1967) (Harlan, J., concurring); Smith v. Maryland, In the 1989 case, the Supreme Court ruled that police may search garbage left for collection without a warrant because an individual cannot claim to have an expectation of privacy over their trash.

The California Supreme Court denied the State's petition for review of the Court of Appeal's decision. 781 F.2d 1432, 1437 (CA9 1986); United States v. O'Bryant, 775 F.2d 1528, 1533-1534 (CA11 1985); United States v. Michaels, 726 F.2d 1307, 1312-1313 (CA8), cert.

Moreover, respondents placed their refuse at the curb for the express purpose of conveying it to a third party, the trash collector, who might himself have sorted through respondents' trash or permitted others, such as the police, to do so.

Greenwood concedes that no direct support for his position can be found in the decisions of this Court.

3d 36, 38, n. 3, 484 N. E. 2d 215, 218, n. 3 (1984).

(1985); State v. Stevens, 123 Wis. 2d 303, 314-317, 367 N. W. 2d 788, 794-797, cert. . Footnote 5

In 1975, for example, a reporter for a weekly tabloid seized five bags of garbage from the sidewalk outside the home of Secretary of State Henry Kissinger. Finding that probable cause to search the house would not have existed without the evidence obtained from the trash searches, the State Superior Court dismissed the charges under People v. Krivda, 5 Cal. United States v. Dzialak, 441 F.2d 212, 215 (CA2 1971) (paraphrasing ordinance for town of Cheektowaga, New York).

New York v. Belton,

[486 Do the police violate the Fourth Amendment by conducting a warrantless search of a trash bag outside the curtilage of someone’s home? The Court properly rejects the State's attempt to distinguish trash searches from other searches on the theory that trash is abandoned and therefore not entitled to an expectation of privacy. But Krivda, a decision binding on the Court of Appeal, also held that the fruits of warrantless trash searches were to be excluded under federal 476

Cf.

Commentators variously characterized his conduct as "a disgusting invasion of personal privacy," Flieger, Investigative Trash, U.S. News & World Report, July 28, 1975, p. 72 (editor's page); "indefensible . 3d, at 735, 227 Cal.

ThoughtCo uses cookies to provide you with a great user experience. In addition, a neighbor complained of heavy vehicular traffic late at night in front of Greenwood's single-family home. [486

.

A single bag of trash testifies eloquently to the eating, reading, and recreational habits of the person who produced it. .

[486

[486 that a constitutional distinction between `worthy' and `unworthy' containers would be improper," held that a distinction among "paper bags, locked trunks, lunch buckets, and orange crates" would be inconsistent with. is abandoned and no longer protected by the Fourth Amendment"); United States v. Mustone, 469 F.2d 970, 972 (CA1 1972) (when defendant "deposited the bags on the sidewalk he abandoned them"). Const., Art.

86-684. 3d, at 886-887, 694 P.2d, at 752-753.

439 U.S. 207, 213 Katz v. United States, supra, at 351. with regard to garbage left for collection at the side of a public street.

Id., at 908 (citing Stone v. Powell, Although noting a post-Krivda state constitutional amendment eliminating the exclusionary rule for evidence seized in violation of state, but not federal, law, the State Court of Appeal affirmed on the ground that Krivda was based on federal, as well as state, law. KENNEDY, J., took no part in the consideration or decision of the case. to the public," ante, at 40, were the exteriors of several opaque, sealed containers.

U.S. 753, 762 Unlike in other circumstances where privacy is compromised, Greenwood could not "avoid exposing personal belongings . (1948), and is more dedicated to individual liberty and more sensitive to intrusions on the sanctity of the home than the Court is willing to acknowledge.

in Robbins . 453 Furthermore, as we have held, the police cannot reasonably be expected to avert their eyes from evidence of criminal activity that could have been observed by any member of the public. 476 (1984)); Robbins v. California, . Sanders, supra, at 762 (citing Chadwick, supra, at 13). Footnote 2 [486 -352.

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