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California v. Greenwood Hannah Walker Political Science Mr. Noel November 26, 2013.

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Presentation on theme: "California v. Greenwood Hannah Walker Political Science Mr. Noel November 26, 2013."— Presentation transcript:

1 California v. Greenwood Hannah Walker Political Science Mr. Noel November 26, 2013

2 Basics- Greenwood suspected of trafficking narcotics Searched and arrested twice Said that is was against 4 th amendment rights for them to search his garbage on the street. The big question… ▫“Whether a person has a subjective expectation of privacy in their garbage that society accepts as objectively reasonable?”

3 Case Cartoon

4 Who saw the case? Municipal Court, South Orange County Judicial District Superior Court Refused by the California Supreme Court United States Supreme Court

5 Supreme Court Justices 1988 William J. Brennan Jr. Thurgood Marshall Byron White Sandra Day O’Conner Harry A. Blackmun John Paul Stevens William H. Rehnquist Antonin Scalia

6 Opinion of the Court- White The defendants assumed privacy for their trash ▫“expectation of privacy does not give rise to 4 th amendment protection” Left it to the ‘third party’ (trash collector) who could do with it as he pleased “police cannot reasonably be expected to avert their eyes from evidence of criminal activity

7 Dissention- Brennan/Marshall Makes reference to the legality of going through someone’s mail; that they are “fully guarded from examination and inspection” As long as it is ‘closed against inspection’ that 4 th amendment protects its contents “It cannot be doubted that a sealed trash bag harbors telling evidence of the ‘intimate activity associated with the ‘sanctity of a man’s home and the privacies of life.”

8 Cont. Provide confidence that only the officials of town to “rummage into, pick up collect, move or otherwise interfere with articles or materials” The 4 th amendment “protects privacy…not solitude” “The American society with which I am familiar ‘chooses to dwell in reasonable security and freedom from surveillance’”

9 Ruling The verdict was 6-2 The 9 th Justice Anthony Kennedy did not take part in the case After the case was seen in two lower courts the Supreme Court ruled in favor of the state ▫Reversing the ruling of the lower courts And defined their opinion of the 4 th amendment to the United States Constitution

10 Bibliograhy Bloomberg Law. "California v. Greenwood | Casebriefs." Casebriefs Accessed November 18, procedure/criminal-procedure-keyted-to-weinreb/the-fourth-amendment-arrest- and-search-and-seizure/california-v-greenwood-2/. Brennan, William J., Jr. "California v. Greenwood." California v. Greenwood. January 11, Accessed November 18, "California v. Greenwood, Briefs, Joint Appendix." California v. Greenwood, Briefs, Joint Appendix. Accessed November 18, Committee of the Judiciary. "United States Supreme Court Justices." United States Supreme Court Justices. Accessed November 18, s.cfm. The United States of America. The Bill of Rights. By George Mason Accessed November 18, White, Byron R. "California v. Greenwood." California v. Greenwood. January 11, Accessed November 18,

11 Pictures Cited eb8bfafb146a4ea5cbae23acceabc3fbf7279d76ad/cpr0041.gifhttp://d75822.medialib.glogster.com/media/d0/d01ba62e6b112fb172b483 eb8bfafb146a4ea5cbae23acceabc3fbf7279d76ad/cpr0041.gif JU/_Gb0_RIkv5w/s1600/thurgood-marshall-3.jpghttp://3.bp.blogspot.com/_mHCAWDirEHQ/TCuPg9Med5I/AAAAAAAAC JU/_Gb0_RIkv5w/s1600/thurgood-marshall-3.jpg urt_Justice_William_Brennan_-_1976_official_portrait.jpghttp://upload.wikimedia.org/wikipedia/commons/4/49/US_Supreme_Co urt_Justice_William_Brennan_-_1976_official_portrait.jpg https://encrypted- tbn3.gstatic.com/images?q=tbn:ANd9GcTQdAIiPzRutSkaTRFvHulrla_P51 x4wOCtPOYkJe2okQf3aAR_Lghttps://encrypted- tbn3.gstatic.com/images?q=tbn:ANd9GcTQdAIiPzRutSkaTRFvHulrla_P51 x4wOCtPOYkJe2okQf3aAR_Lg ns,_SCOTUS_photo_portrait.jpghttp://upload.wikimedia.org/wikipedia/commons/3/3b/John_Paul_Steve ns,_SCOTUS_photo_portrait.jpg st.jpghttp://upload.wikimedia.org/wikipedia/commons/3/31/William_Rehnqui st.jpg


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