Constitutional Law

ts on felony narcotics charges. Finding that probable cause to search the house would not have existed without the evidence obtained from the trash searches, the State Superior Court dismissed the charges under People v. Krivda, which held that warrant less trash searches violate the Fourth Amendment and the California Constitution. Although noting a post-Krivda state constitutional amendment eliminating the exclusionary rule for evidence seized in violation of state, but not federal, law, the State Court of Appeal affirmed on the ground that Krivda was based on federal, as well as state, law.
             The Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the cartilage of a home. Since respondents voluntarily left their trash for collection in an area particularly suited for public inspection, their claimed expectation of privacy in the exculpatory items they discarded was not objectively reasonable. It is common knowledge that plastic garbage bags left along a public street are readily accessibl
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Constitutional Law. (2000, January 01). In MegaEssays.com. Retrieved 22:41, October 16, 2026, from https://www.megaessays.com/viewpaper/81124.html