Greenwood in 1988 was a case on Greenwood being arrested for narcotics trafficking. The evidence obtained was a result of a police search of his trash. There was a search going on which was declared unconstitutional.
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Police got a tip that Greenwood was engaged in narcotics trafficking, and an officer had the garbage collector bring her the garbage he left on his curb. She searched through it and found items indicative of narcotics use and she used that info to get a search warrant. Warrantless search and seizure of the garbage bags left at the curb outside his house does not violate the fourth amendment because there's no legitimate expectation of privacy bags are readily available to animals, children, scavengers, snoops, and other members of the public no expectation of privacy in trash left for collection by a third party in an area accessible to the public. .
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Some of the facts were that the police with the Laguna beach police department received information that the respondent might be trafficking narcotics. The police asked the regular trash collector to gather the respondent's so the if might be examined for evidence of narcotics. The evidence of drugs was found in the garbage and a search warrant was issued to search the respondent's house. As the police continued to receive reports of drugs trafficking at the respondent's house. There was also a second search which the police continued to receive at the respondent's trash. The respondents were again arrested. As the case grew bigger and bigger the superior court dismissed the charges stating that there was no warrant for the searches of the thrash violated the fourth amendment of the California constitution. The California Supreme Court denied the states petition for review. .
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The decision for the appeals was that there was no search warrant. You need a search warrant to search someone's property or trash. The warrant is issued out by the judge and without the warrant all cases will be dismissed from the court.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and th...