california greenwood argued january decided may acting information indicating respondent greenwood might engaged narcotics trafficking police twice obtained regular trash collector garbage bags left curb front house basis items bags indicative narcotics use police obtained warrants search house discovered controlled substances searches arrested respondents felony narcotics charges finding probable cause search house existed without evidence obtained trash searches state superior dismissed charges people krivda cal held warrantless trash searches violate fourth amendment california constitution although noting state constitutional amendment eliminating exclusionary rule evidence seized violation state federal law state appeal affirmed ground krivda based federal well state law held fourth amendment prohibit warrantless search seizure garbage left collection outside curtilage home pp since respondents voluntarily left trash collection area particularly suited public inspection claimed expectation privacy inculpatory items discarded objectively reasonable common knowledge plastic garbage bags left along public street readily accessible animals children scavengers snoops members public moreover respondents placed refuse curb express purpose conveying third party trash collector might sorted permitted others police police reasonably expected avert eyes evidence criminal activity observed member public pp greenwood alternative argument expectation privacy garbage deemed reasonable matter federal constitutional law warrantless search seizure garbage impermissible matter california law krivda contends survived state constitutional amendment without merit reasonableness search fourth amendment purposes depend upon privacy concepts embodied law particular state search occurred rather turns upon understanding society whole certain areas deserve scrupulous protection government invasion understanding respect garbage left collection side public street pp also without merit greenwood contention california constitutional amendment violates due process clause fourteenth amendment fourth amendment exclusionary rule decisions required suppression benefits deterring minor police misconduct overbalanced societal costs exclusion california foreclosed due process clause concluding benefits excluding relevant evidence criminal activity outweigh costs police conduct issue violate federal law pp white delivered opinion rehnquist blackmun stevens scalia joined brennan filed dissenting opinion marshall joined post kennedy took part consideration decision case michael pear argued cause petitioner briefs cecil hicks michael capizzi michael ian garey appointment argued cause respondents filed brief respondent greenwood richard schwartzberg filed brief respondent van houten briefs amici curiae urging reversal filed state california et al john van de kamp attorney general california steve white chief assistant attorney general john sugiyama senior assistant attorney general ronald niver laurence sullivan supervising deputy attorneys general attorneys general respective follows robert butterworth florida warren price iii hawaii linley pearson indiana david armstrong kentucky hubert humphrey iii minnesota leroy zimmerman pennsylvania travis medlock south carolina michael cody tennessee kenneth eikenberry washington donald hanaway wisconsin joseph meyer wyoming americans effective law enforcement et al fred inbau wayne schmidt james manak david crump courtney evans daniel hales jack yelverton justice white delivered opinion issue whether fourth amendment prohibits warrantless search seizure garbage left collection outside curtilage home conclude accordance vast majority lower courts addressed issue early investigator jenny stracner laguna beach police department received information indicating respondent greenwood might engaged narcotics trafficking stracner learned criminal suspect informed federal drug enforcement agent february truck filled illegal drugs en route laguna beach address greenwood resided addition neighbor complained heavy vehicular traffic late night front greenwood home neighbor reported vehicles remained greenwood house minutes stracner sought investigate information conducting surveillance greenwood home observed several vehicles make brief stops house early morning hours followed truck house residence previously investigation location april stracner asked neighborhood regular trash collector pick plastic garbage bags greenwood left curb front house turn bags without mixing contents garbage houses trash collector cleaned truck bin refuse collected garbage bags street front greenwood house turned bags stracner officer searched rubbish found items indicative narcotics use recited information gleaned trash search affidavit support warrant search greenwood home police officers encountered respondents house later day arrived execute warrant police discovered quantities cocaine hashish search house respondents arrested felony narcotics charges subsequently posted bail police continued receive reports many visitors greenwood house may investigator robert rahaeuser obtained greenwood garbage regular trash collector manner stracner garbage contained evidence narcotics use rahaeuser secured another search warrant greenwood home based information second trash search police found narcotics evidence narcotics trafficking executed warrant greenwood arrested superior dismissed charges respondents authority people krivda cal held warrantless trash searches violate fourth amendment california constitution found police probable cause search greenwood home without evidence obtained trash searches appeal affirmed cal app cal rptr noted outset fruits warrantless trash searches longer suppressed krivda based california constitution since state barred suppression evidence seized violation california law federal law see cal art lance cal krivda decision binding appeal also held fruits warrantless trash searches excluded federal law hence superior correct dismissing charges respondents cal app cal rptr california denied state petition review appeal decision granted certiorari reverse ii warrantless search seizure garbage bags left curb outside greenwood house violate fourth amendment respondents manifested subjective expectation privacy garbage society accepts objectively reasonable ortega california ciraolo oliver katz harlan concurring respondents disagree standard assert however exhibited expectation privacy respect trash searched police trash placed street collection fixed time contained opaque plastic bags garbage collector expected pick mingle trash others deposit garbage dump trash temporarily street little likelihood inspected anyone may well respondents expect contents garbage bags become known police members public expectation privacy give rise fourth amendment protection however unless society prepared accept expectation objectively reasonable conclude respondents exposed garbage public sufficiently defeat claim fourth amendment protection common knowledge plastic garbage bags left side public street readily accessible animals children scavengers snoops members public see krivda supra moreover respondents placed refuse curb express purpose conveying third party trash collector might sorted respondents trash permitted others police accordingly deposited garbage area particularly suited public inspection manner speaking public consumption express purpose strangers take reicherter respondents reasonable expectation privacy inculpatory items discarded furthermore held police reasonably expected avert eyes evidence criminal activity observed member public hence hat person knowingly exposes public even home office subject fourth amendment protection katz supra held smith maryland example police violate fourth amendment causing pen register installed telephone company offices record telephone numbers dialed criminal suspect individual legitimate expectation privacy numbers dialed telephone reasoned voluntarily conveys numbers telephone company uses telephone observed person legitimate expectation privacy information voluntarily turns third parties similarly held california ciraolo supra police required fourth amendment obtain warrant conducting surveillance respondent fenced backyard private plane flying altitude feet concluded respondent expectation yard protected surveillance unreasonable ny member public flying airspace glanced seen everything officers observed conclusion society accept reasonable respondents claim expectation privacy trash left collection area accessible public reinforced unanimous rejection similar claims federal courts appeals see dela espriella michaels cert denied kramer cert denied terry cert denied sub nom williams reicherter supra vahalik per curiam cert denied crowell cert denied magda benson per curiam mustone thornton app observed overwhelming weight authority rejects proposition reasonable expectation privacy exists respect trash discarded outside home curtilege sic thereof addition state appellate courts considered issue vast majority held police may conduct warrantless searches seizures garbage discarded public areas see commonwealth chappee mass cooks state okla crim cert denied state stevens cert denied state ronngren state brown ohio app state oquist people whotte app commonwealth minton super state schultz app people huddleston app willis state tex crim app smith state alaska cert denied state fassler croker state wyo state purvis see state tanaka haw people krivda cal iii reject respondent greenwood alternative argument affirmance expectation privacy garbage deemed reasonable matter federal constitutional law warrantless search seizure garbage impermissible matter california law urges right californians privacy garbage announced california krivda supra survived subsequent state constitutional amendment eliminating suppression remedy means enforcing right see lance cal hence argues fourth amendment vindicate right individual may surely construe constitutions imposing stringent constraints police conduct federal constitution never intimated however whether search reasonable within meaning fourth amendment depends law particular state search occurs emphasized instead fourth amendment analysis must turn factors societal understanding certain areas deserve scrupulous protection government invasion oliver emphasis added see also rakas illinois already concluded society whole possesses understanding regard garbage left collection side public street respondent argument less suggestion concepts privacy laws state determine reach fourth amendment accept submission iv greenwood finally urges additional ground affirmance california constitutional amendment eliminating exclusionary rule evidence seized violation state federal law violates due process clause fourteenth amendment view recognized right free warrantless searches garbage california may due process clause deprive citizens describes effective deterrent violations right greenwood concedes direct support position found decisions relies instead cases holding individuals entitled certain procedural protections deprived liberty property interest created state law see hewitt helms vitek jones see merit greenwood position california amend constitution negate holding krivda state law forbids warrantless searches trash convinced state may likewise eliminate exclusionary rule remedy violations right federal level required evidence obtained violation fourth amendment suppressed circumstances see leon janis calandra rather decisions concerning scope fourth amendment exclusionary rule balanced benefits deterring police misconduct costs excluding reliable evidence criminal activity see leon declined apply exclusionary rule indiscriminately law enforcement officers acted objective good faith transgressions minor magnitude benefit conferred guilty defendants circumstances offends basic concepts criminal justice system citing stone powell foreclosed due process clause using similar balancing approach delineate scope exclusionary rules hence people california permissibly conclude benefits excluding relevant evidence criminal activity outweigh costs police conduct issue violate federal law judgment california appeal therefore reversed case remanded proceedings inconsistent opinion ordered footnotes example state ronngren involved search garbage bag dog acting behest one dragged defendants yard yard neighbor neighbor deposited bag trash later permitted police search north dakota held search garbage bag violate defendants fourth amendment rights homeless nation cities make use others refuse example nationally syndicated consumer columnist suggested apartment dwellers obtain coupons mak ing friends fellow handles trash buildings recounted tale rich lady westmont week puts rubber gloves hip boots wades town garbage dump looking labels proofs purchase needed obtain manufacturers refunds sloane supermarket shopper guide coupons refunds even refuse prominent americans invulnerable example reporter weekly tabloid seized five bags garbage sidewalk outside home secretary state henry kissinger washington post july newspaper editorial criticizing journalistic observed vidently everybody washington post july course dissent implies bas conclusion individuals reasonable expectation privacy garbage sole incident post given dissenters among tiny minority judges whose views contrary distinctly unimpressed dissent prediction society shocked learn today decision post justice brennan justice marshall joins dissenting every week two months least month later laguna beach police clawed trash respondent greenwood left opaque sealed bags curb outside home record complete strangers minutely scrutinized bounty undoubtedly dredging intimate details greenwood private life habits intrusions proceeded without warrant since concluded police acted probable cause believe greenwood engaged criminal activity scrutiny another trash contrary commonly accepted notions civilized behavior suspect therefore members society shocked learn ultimate guarantor liberty deems unreasonable expectation aspects private lives concealed safely trash bag become public container support reasonable expectation privacy may searched even probable cause without warrant jacobsen citations omitted thus observes greenwood reasonable expectation contents bags placed curb remain private warrantless search bags violated fourth amendment ante emergence analysis see katz harlan concurring smith maryland reaffirmed fundamental principle robbins california example justice stewart writing plurality four pronounced unless container contents may said plain view contents fully protected fourth amendment soundly rejected distinction fourth amendment purposes among various opaque sealed containers ven one wished import distinction fourth amendment difficult impossible perceive objective criteria task might accomplished one person may put suitcase another may put paper bag constable citizen sensibly asked distinguish relative privacy interests closed suitcase briefcase portfolio duffelbag box recently ross relying virtually unanimous agreement robbins constitutional distinction worthy unworthy containers improper held distinction among paper bags locked trunks lunch buckets orange crates inconsistent central purpose fourth amendment traveler carries toothbrush articles clothing paper bag knotted scarf may claim equal right conceal possessions official inspection sophisticated executive locked attache case justice stewart stated robbins fourth amendment provides protection owner every container conceals contents plain view emphasis added citation omitted accordingly found reasonable expectation privacy contents footlocker chadwick comparatively small unlocked suitcase arkansas sanders totebag robbins packages wrapped green opaque plastic ibid see also ross supra suggesting warrant required search brown paper bag zippered red leather pouch found automobile jacobsen supra suggesting warrantless search ordinary cardboard box wrapped brown paper violated fourth amendment private party already opened precedent therefore leaves room doubt respondents carrying personal effects opaque sealed plastic bags identical ones placed curb privacy protected warrantless police intrusion far fourth amendment protection concerned opaque plastic bags every bit worthy packages wrapped green opaque plastic footlocker cf robbins supra rehnquist dissenting objecting discovery reasonable expectation privacy contents two plastic garbage bags ii respondents deserve less protection greenwood used bags discard rather transport personal effects contents inherently less private greenwood decision discard least manner diminish expectation privacy trash bag like containers common repository one personal effects even many therefore inevitably associated expectation privacy sanders supra citing chadwick supra lmost every human activity ultimately manifests waste products smith state alaska cert denied see california rooney white dissenting renowned archaeologist emil haury said want know really going community look garbage quoted rathje archaeological ethnography sometimes better give receive explorations ethnoarchaeology gould ed weberman art garbage analysis throw away esquire analyzing trash various celebrities drawing conclusions private lives single bag trash testifies eloquently eating reading recreational habits person produced search trash like search bedroom relate intimate details sexual practices health personal hygiene like riffling desk drawers intercepting phone calls rummaging trash divulge target financial professional status political affiliations inclinations private thoughts personal relationships romantic interests doubted sealed trash bag harbors telling evidence intimate activity associated sanctity man home privacies life fourth amendment designed protect oliver quoting boyd see also dunn properly rejects state attempt distinguish trash searches searches theory trash abandoned therefore entitled expectation privacy author opinion observed last term defendant property interest trash settle matter fourth amendment purposes reach fourth amendment determined state property law rooney supra white dissenting evaluating reasonableness greenwood expectation sealed trash bags invaded held must look understandings recognized permitted society us believe incensed discover meddler whether neighbor reporter detective scrutinizing sealed trash containers discover detail personal lives see state schultz app anstead dissenting quite naturally reaction sole incident bases conclusion snoops like defeat expectation privacy trash ante tabloid reporter examined state henry kissinger trash published findings kissinger really revolted intrusion wife suffered grave anguish times july public response roundly condemning reporter demonstrates society recognized reactions reasonable shared well commentators variously characterized conduct disgusting invasion personal privacy flieger investigative trash news world report july editor page indefensible civilized behavior washington post july editorial contrary way decent people behave relation ibid beyond generalized expectation privacy many municipalities whether reasons privacy sanitation reinforce confidence integrity sealed trash containers prohibit ing anyone except authorized employees town rummage pick collect move otherwise interfere articles materials placed public street collection dzialak paraphrasing ordinance town cheektowaga new york see also vahalik per curiam magda benson per curiam people rooney cal app cal rptr cert dism people krivda cal vacated remanded state brown ohio app fact california constitution interpreted state highest guarantees right privacy trash government officials see krivda supra recognizing right lance cal later constitutional amendment abolished exclusionary remedy left intact substance right deny isolated intrusions opaque sealed trash containers occur acting animals children scavengers snoops members public ante footnotes omitted actually rummage bag trash expose contents plain view police reasonably expected avert eyes evidence criminal activity observed member public ante much follows cases like jacobsen emphasis added held police may constitutionally inspect package whose integrity private carrier already compromised fourth amendment implicated authorities use information respect expectation privacy already frustrated california ciraolo emphasis added held fourth amendment prohibit police observing ny member public flying airspace glanced seen greenwood flaunted intimate activity strewing trash curb see nongovernmental intruder invaded privacy done accept conclusion expectation privacy unreasonable similarly police searching city dump run across incriminating evidence despite commingling trash others still retained identity greenwood different case greenwood exposed public ante exteriors several opaque sealed containers bags opened police hid contents public view every bit much chadwick footlocker robbins green plastic wrapping faithful application warrant requirement require police avert eyes evidence criminal activity observed member public rather requires adhere norms privacy members public plainly acknowledge mere possibility unwelcome meddlers might open rummage containers negate expectation privacy contents possibility burglary negates expectation privacy home possibility private intrusion negates expectation privacy unopened package possibility operator listen telephone conversation negates expectation privacy words spoken telephone person seeks preserve private even area accessible public may constitutionally protected katz therefore repeatedly rejected attempts justify state invasion privacy ground privacy absolute see chapman search house invaded tenant fourth amendment rights even though landlord authority enter house purposes stoner california implicit consent janitorial personnel enter motel room amount consent police search room ortega government employee reasonable expectation privacy office even though nature government offices others fellow employees supervisors consensual visitors general public may frequent access individual office justice scalia aptly put fourth amendment protects privacy solitude supra opinion concurring judgment dispositive respondents placed refuse curb express purpose conveying third party might sorted respondents trash permitted others police ante first place greenwood hardly faulted leaving trash curb county ordinance commanded orange county code must remov premises least week solid waste created produced accumulated dwelling house prohibited disposing way see orange county code burning trash unlawful unlike circumstances privacy compromised greenwood avoid exposing personal belongings simply leaving home supra importantly even voluntary relinquishment possession control effect necessarily amount relinquishment privacy expectation otherwise letter package lose fourth amendment protection placed mailbox depository express purpose entrusting postal officer private carrier bailees likely trash collectors certainly greater incentive sor personal effects entrusted permi others police yet clear least years possibility intrusion justify warrantless search police first instance see ex parte jackson van leeuwen jacobsen supra iii holding warrantless search greenwood trash consistent fourth amendment paints grim picture society depicts society local authorities may command citizens dispose personal effects manner least protective sanctity home privacies life boyd monitor arbitrarily without judicial oversight society prepared recognize reasonable individual expectation privacy private personal effects sealed opaque container disposed manner designed commingle imminently inextricably trash others ante american society familiar chooses dwell reasonable security freedom surveillance johnson dedicated individual liberty sensitive intrusions sanctity home willing acknowledge dissent see blackmun dissenting rehnquist dissenting stevens dissenting see powell concurring judgment rejecting position containers even trivial like cigarbox dixie cup entitled fourth amendment protection cf new york belton defining container purposes search incident lawful custodial arrest object capable holding another object including luggage boxes bags clothing like addition finding robbins reasonable expectation privacy duffelbag packages also held automobile exception warrant requirement see carroll apply packages found automobile overruled latter determination ross reaffirmed automobile exception inapplicable police may conduct warrantless search container conceals contents support position society recognizes reasonable privacy interest sealed opaque trash bags refute prediction society shocked learn conclusion supra relies heavily upon collection lower cases finding fourth amendment bar trash searches authority leads distinctly unimpressed position ante impressively undistinguished federal appeals cases cited least factually legally distinguishable see police may search apparently valuable briefcase discarded next overflowing trash bin busy city street thornton app reasonable federal agents believe good faith trash search legal rely entirely almost entirely abandonment theory noted infra discredited see dela espriella question becomes whether placing garbage collection constitutes abandonment property terry circumstances case clearly evidence abandonment williams trash cert denied sub nom williams reicherter placing trash garbage cans time place anticipated collection public employees hauling public dump signifies abandonment vahalik per curiam act placing garbage collection act abandonment terminates fourth amendment protection cert denied crowell act placing garbage collection act abandonment happens thereafter within protection fourth amendment cert denied magda benson per curiam ederal case law holds garbage abandoned longer protected fourth amendment mustone defendant deposited bags sidewalk abandoned reading collection cases reveals equally unimpressive pattern rakas illinois see ante fourth amendment analysis must turn factors societal understanding certain areas deserve scrupulous protection government invasion quoting oliver robbins california plurality opinion expectations privacy established general social norms dow chemical opinion powell bush bly expectation privacy analysis warrantless trash reconnaissance katz rev ocial custom serves basic foundation great many legitimate privacy expectations citation omitted sure statutes criminalizing interference mails might reinforce expectation privacy mail see expectation privacy way depends statutory protection fact none cases cited text even mention statutes finding fourth amendment protection materials handed public private carriers delivery