Criminal Procedure keyed to Weinreb
California v. Greenwood
Facts
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 trash and keep it separate from the other trash in the neighborhood, so that it might be examined for evidence of narcotics trafficking. Evidence was found in the garbage, and a search warrant was issued to search the respondent’s house based upon that evidence. Police searched the respondent’s house and arrested him after discovering narcotics. Respondent posted bail. The police continued to receive reports of narcotics trafficking at the respondent’s house. A second search of the respondent’s trash was conducted and again a search warrant was issued in which more narcotics were found in the house. The respondent was again arrested. The Superior Court dismissed the charges stating that warrantless searches of trash violated the Fourth Amendment and the California Constitution. T he Court of Appeals affirmed, and the California Supreme Court denied the State’s petition for review. Certiorari was granted.
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