1. Facts of the Case

Facts of the Case
The Supreme Court case I found was California vs. Greenwood. After a drug suspect provided a tip about a house that was supposedly running drugs the Laguna Beach police department requested that the trash outside the home be picked up and searched. Detective Jenny Stracner asked the neighborhood trash collector to empty his trash been and then pick up the Greenwood garbage and have it delivered to the police station. The collector did so. After searching the trash the police were able to find traces of cocaine and drug paraphernalia. The neighbors also reported odd traffic to the house at odd hours of the night. The police were able to obtain a search warrant based on the contents of the trash collected. In the search they found drug paraphernalia, and traces of cocaine. The trash search gave reason to obtain a search warrant for the home owned by Greenwood. During the search of the home police found substantial amounts of drugs and cash (drug related money), which then lead to the arrest of the defendant. The owner Billy Greenwood was booked on felony drug charges. The California Superior Court dismissed the charges on the because of the fact that it was a warrantless search. According to the fourth amendment the law does not prohibit the search and seizure of garbage left out on the curb. Greenwood argued that the garbage was his personal property. As soon as his garbage left his home it became public property. “Personal property is considered abandoned when the owner disposes of it with the apparent intention of disclaiming ownership. Title to such property is transferred to the first person that takes control over it.” (Essentials of Business Law, Luizzo, page 314). It was free will to have any person or thing rummage through it. Technically it was considered “real property”. “Under common law, ownership of real property extended from the center or the earth to the highest point of the sky.” (Essentials of Business Law, Luizzo, page 315). When in fact the trash Mr. Greenwood left on the curb was considered personal property. “Includes all other property other than real life property, both tangible, and intangible. Example of real property includes furniture, clothing, and books.” (Essentials of Business Law, Luizzo page 315). In fact his trash was still considered personal property. The officers that searched the garbage did not have any search warrant to go through the garbage. The court ruled that trash is trash and police cannot turn a cheek to suspected criminal activity. Thus the courts ruled in favor of California basing that in this case the police did not violate any fourth amendment rights. http://www.oyez.org/cases/1980-1989/1987/1987_86_684/