2.Issue of the Case

The main issue is whether garbage left on the curb allows for a warrantless search and seizure by police. The case is before the Supreme Court because the defendant Billy Greenwood felt his fourth amendment rights were violated. Greenwood assumed his personal possessions were still considered “personal property”. Thus the Laguna Beach police department would need a warrant in order to search through the “property,” which the police did not have. The Courts argument is that the garbage was left in opaque trash bags for everyone to see. Greenwoods arguments were fair. Since the police were informed that there was possible illegal drug trafficking occurring inside the home they could not turn a blind eye to the situation. Police obtained a warrant for the home and found what they thought was true. Several different narcotics were being stored in the home. This allowed the police to arrest Greenwood on drug possession and dealing charges. The issues arose with the right to personal property. Who owns the trash once it is displayed on your curbside and with reasonable thought go away to never been seen again. The Fourth Amendment states “The right of the people to be secure 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 place to be searched and the persons to be seized.” (www.absoluteastronomy.com/topics/california_v.greenwood) In this case the police had a tip they followed and continued on with a reasonable warrant.