Supreme Court Case

Fourth Amendment Rights, which state that a person has right to personal property the right to privacy. In the Greenwood case the defendants garbage was questioned whether or not it could justifiably be considered personal belongings since it was left on the curb. Which most might think that once it is put into an opaque plastic garbage bag does it become the right of whomever picks up or rummages through this garbage. The bag is no longer in your possession the defendant willing left the bag on the curbside completely unprotected. The fourth amendment clearly states that “It is 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 warrant shall issue but upon probable cause supported by oath or affirmation, and particularly describing place to be searched and the persons or things to be seized.” (Fourth Amendment). The interesting question is whether the fourth Amendment protects specific privacies such as a garbage bag. Judge Brenann who voted for Billy Green wood states “It should make no difference what type of package it is, as long as its contents are concealed. Brennan also pointed out that it should make no differencethat Greenwood used the bags to throw away, rather than to transport, his belongings. Greenwood's decision to throw away the trash does not lessen his expectation of privacy. "A single bag of trash testifies eloquently to the eating, reading and recreational habits of the person who produced it." (http://law.jrank.org/pages/13057/California-v-Greenwood.html). However if in case the police are informed of possible crime in progress are they expected too turn their heads. In holding that the warrantless search of Greenwood's trash was consistent with the Fourth Amendment, the Court paints a grim picture of our society . . . The American society with which I am familiar . . . is more dedicated to individual liberty and more sensitive to intrusions on the sanctity of the home than the Court is willing to acknowledge.” Judge Brenan (http://law.jrank.org/pages/13057/California-v-Greenwood.html). The law and the police have more power over privacy than most would like to aknowledge. After this ruling it is now more common for police and FBI agents to search through garbage bags. “In some fundamental sense, we are what we throw away.” (Sanders, Time Magazine, Lifting the Lid on Garbage, 2). “Just how embarrassing a search can be even for innocent parties was demonstrated in 1975, when the National Enquirer made off with five bags of refuse from outside the home of Secretary of State Henry Kissinger and published its gleanings. Other celebrities have also had their garbage snooped. In some fundamental sense, we are what we throw away” (Sanders, Time Magazine, Lifting the Lid on Garbage, 2). Privacy is only private if you create privacy.