California VS. Greenwood

Thesis

The warrantless search and seizure of garbage bags left on the curb of a person's home does not necessarily violate the Fourth Amendment.

Background of the Case

In February, 1984, Investigator Jenny Stracner of Laguna Beach Police Department was given information that Billy Greenwood was possibly involved in narcotics trafficking. From another criminal suspect, Investigator Stracner was informed that a truck filled with illegal drugs was on its way to a Laguna Beach address where Greenwood resided. Also, a neighbour of Greenwood had complained about heavy vehicular traffic late at night in front of Greenwood's home. According to the neighbour, the vehicles remained for only a few minutes.

Investigator Stracner wanted to examine this information further. By conducting a surveillance of Greenwood's house, she was able to observe several vehicles stopping briefly at the house during the late night and early morning hours. This also enabled her to follow a truck from the house to a residence that had formerly been under investigation as a narcotics-trafficking location. (Jim 45-50)

On April 6, 1984, Stracner requested that the neighbourhood's regular trash collector pick up the plastic garbage bags that Greenwood had placed at the curb in front of his residence and to give the bags to her without co-mingling their contents with the garbage from the other residences. The trash collector proceeded to clean the truck receptacle of other refuse, collect the garbage bags from the curb in front of the Greenwood home, and turn the bags over to Stracner. After having searched through the waste, items indicative of narcotic use were found. The investigator recounted this information in an affidavit in support of a warrant to search Greenwood's home.

When the police officers arrived later that day to execute the warrant, they encountered both Greenwood and a Dyanne Van Houten. During the officer's search of the premises, quantities of cocaine and hashish were uncovered. Greenwood and Van Houten were then arrested on felony narcotics charges. Subsequently, they posted bail.

On May 4, after continually receiving reports of numerous late-night visitors to the Greenwood residence, Investigator Robert Rahaeuser acquired Greenwood's garbage from the regular trash collector in the same way Investigator Stracner had. Once again, the debris included evidence of narcotics use.

Investigator Rahaeuser procured yet another search warrant for the Greenwood home based on the information from this second trash search. As before, the police discovered more narcotics and evidence of narcotics trafficking during the implementation of the second warrant. Again, Greenwood was arrested.

The Superior Court of California dismissed the charges against Greenwood on the basis of People v. Krivda, which held that “warrantless trash searches violate the Fourth Amendment and the California Constitution.” The Court felt that the police would not have had enough probable cause in order to search the Greenwood residence without the evidence secured from the trash searches.

The Fourth Amendment: 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 ...