People v. Greenwood

Opinion

WALLIN, J.

In 1971 the California Supreme Court held that a warrantless

search of trash barrels left for routine collection violated the Fourth Amendment. (People v. Krivda (1971) 5 Cal.3d 357 [96 Cal.Rptr. 62, 486 P.2d 1262].) The prosecution argues the Krivda holding is erroneous and directly contradicts the majority of our federal circuit courts and other state courts which have ruled on this question. We must determine whether Krivda is binding precedent.

Billy Greenwood and Dyanne Van Houten were charged with felony narcotics possession offenses after contraband was twice discovered…