Saturday, March 28, 2009

7.Dissent of the Case

The case was decided in a 6-2 vote. The Supreme Court Justices that voted against California stated that privacy is a right in this country "Scrutiny of another's trash is contrary to commonly accepted notions of civilized behavior . . . Society will be shocked to learn that the Court, the ultimate guarantor of liberty, deems unreasonable our expectation that the aspects of our private lives that are concealed safely in a trash bag will not become public." Justice Brennan addressing the court and the people. http://law.jrank.org. What Justice is saying is that you have the right to free property as soon as the government takes that away we are sacrificing the rights that we are born with as Americans. We no longer have control over what we own and what we put on the curb. We are giving the law a free ticket to search and do anything they wish. What you put in your trash no longer is personal. "We reject respondent Greenwood's alternative argument for affirmance: that his expectation of privacy in his garbage should be deemed reasonable as a matter of federal constitutional law because the warrantless search and seizure of his garbage was impermissible as a matter of California law." Judge White http://www.law.cornell.edu/supct/html/historics/USSC_CR_0486_0035_ZD.html. A defending Justices opinion that is it is unconstitutional to search trash deeming that is still considered private property.

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