Sunday, January 13, 2019

California v. Greenwood Case Brief

California v. Greenwood Case Brief Summary

Facts:
Greenwood was suspected of trafficking narcotics. The police went through his garbage that was given to them by the trash man. The trash was outside his house.

Greenwood is saying he has a reasonable expectation of privacy from the police in respect to his garbage because they were placed in opaque bags and they thought they were going to the dump to be disposed.

Analysis:
A reasonable expectation of privacy must be reasonable to the public not just subjective.

Holding:
They couldn’t have had a reasonable expectation of privacy when they were giving their trash to a third party- trash man. 
He could have gone through it, they ran the risk 

Dissent:
Trash has many personal things that D has reason to expect privacy 
Just because there is a possibility that someone will go through your trash doesn’t mean you shouldn’t be protected

It’s like saying there’s a possibility your house may be burgled so you’re not protected.

It’s not that they are in trash bags, it’s the way he was handling it. If he is walking down the street with the trash it is an effect, but because he put it out on the curb for a 3rd party to take he has no expectation of privacy 


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