The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, January 11, 1988
Decision: Monday, May 16, 1988
Issues: Criminal Procedure, Search and Seizure
Categories: criminal, fourth amendment, searches and seizures

Advocates

Michael Ian Garey (By appointment of the Court, argued the cause for the respondents)
Michael J. Pear (Argued the cause for the petitioner)

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."

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 6 votes for California, 2 vote(s) against
Legal Provision: Amendment 4: Fourth Amendment
Did not participate
Kennedy
Voted with the minority, joined Brennan's dissent
Marshall
Wrote a dissent
Brennan
Voted with the majority
Blackmun
Voted with the majority
Stevens
Wrote the majority opinion
White
Voted with the majority
O'Connor
Voted with the majority
Scalia
Voted with the majority
Rehnquist
Full Opinion by Justice Byron R. White

Cite this page

The Oyez Project, California v. Greenwood, 486 U.S. 35 (1988),
available at: <http://www.oyez.org/cases/1980-1989/1987/1987_86_684/>
(last visited ).