Byron White

“ It is common knowledge that plastic garbage bags left on or at the side of a public street are readily accessible to animals, [2] children, scavengers, [3] snoops, [4] and other members of the public. See Krivda, 5 Cal.3d at 367, 486 P.2d at 1269. Moreover, respondents placed their refuse at the curb for the express purpose of conveying it to a third party, the trash collector, who might himself have sorted through respondents' trash or permitted others, such as the police, to do so. ”

“ A newspaper editorial criticizing this journalistic "trash-picking" observed that " [e] vidently . . . ‘everybody does it.'" Washington Post, July 10, 1975, p. A18, col. 1. We of course do not, as the dissent implies, "bas [e] [our] conclusion" that individuals have no reasonable expectation of privacy in their garbage on this "sole incident." Post at 51.↑ . Given that the dissenters are among the tiny minority of judges whose views are contrary to ours, we are distinctly unimpressed with the dissent's prediction that "society will be shocked to learn" of today's decision. ”

“ The neighbor deposited the bag in his own trash can, which he later permitted the police to search. The North Dakota Supreme Court held that the search of the garbage bag did not violate the defendants' Fourth Amendment rights.↑ . It is not only the homeless of the Nation's cities who make use of others' refuse. ”

“ Reicherter, 647 F.2d 397, 399 (CA3 1981) , respondents could have had no reasonable expectation of privacy in the inculpatory items that they discarded.
Furthermore, as we have held, the police cannot reasonably be expected to avert their eyes from evidence of criminal activity that could have been observed by any member of the public. Hence, " [w] hat a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection." ”

“ The garbage again contained evidence of narcotics use.
Rahaeuser secured another search warrant for Greenwood's home based on the information from the second trash search. The police found more narcotics and evidence of narcotics trafficking when they executed the warrant. Greenwood was again arrested.
The Superior Court dismissed the charges against respondents on the authority of People v. Krivda, 5 Cal.3d 357, 486 P.2d 1262 (1971) , which held that warrantless trash searches violate the Fourth Amendment and the California Constitution. ”

“ For example, a nationally syndicated consumer columnist has suggested that apartment dwellers obtain cents-off coupons by "mak [ing] friends with the fellow who handles the trash" in their buildings, and has recounted the tale of↑ . Even the refuse of prominent Americans has not been invulnerable. In 1975, for example, a reporter for a weekly tabloid seized five bags of garbage from the sidewalk outside the home of Secretary of State Henry Kissinger. ”

“ Tanaka, 67 Haw. 658, 701 P.2d 1274 (1985) ; People v. Krivda, 5 Cal.3d 729, 486 P.2d 1262 (1971) . [5]
III We reject respondent Greenwood's alternative argument for affirmance: that his expectation of privacy in his garbage should be deemed reasonable as a matter of federal constitutional law because the warrantless search and seizure of his garbage was impermissible as a matter of California law. ”

“ State v. Stevens, 123 Wis.2d 303, 314-317, 367 N.W.2d 788, 794-797, cert. denied, 474 U.S. 852 (1985) ; State v. Ronngren, 361 N.W.2d 224, 228-230 (N.D.1985) ; State v. Brown, 20 Ohio App.3d 36, 37-38, 484 N.E.2d 215, 217-218 (1984) ; State v. Oquist, 327 N.W.2d 587 (Minn.1982) ; People v. ”