California v. Greenwood

Media Items
Oral Argument
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Advocates
Michael J. Pear (Argued the cause for the petitioner)
Michael Ian Garey (By appointment of the Court, argued the cause for the respondents)
Case Basics
Docket No.: 
86-684
Petitioner: 
California
Respondent: 
Greenwood
Opinion: 
486 U.S. 35 (1988)
Categories: 
fourth amendment, searches and seizures, criminal

Cite this page
The Oyez Project, California v. Greenwood , 486 U.S. 35 (1988)
available at: (http://oyez.org/cases/1980-1989/1987/1987_86_684)
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: 

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."

Decisions

Decision: 6 votes for California, 2 vote(s) against
Legal provision: Amendment 4: Fourth Amendment

Sort by Ideology

Voted with the majority
Rehnquist
Wrote a dissent
Brennan
Wrote the majority opinion
White
Voted with the minority, joined Brennan's dissent
Marshall
Voted with the majority
Blackmun
Voted with the majority
Stevens
Voted with the majority
O'Connor
Voted with the majority
Scalia
Did not participate
Kennedy

Full Opinion by Justice Byron R. White