State v. Sampson

I respectfully dissent. Because I believe that this Court’s extension of the United States Supreme Court’s holding in California v. Greenwood, 486 U.S. 35, 108 S.Ct. 1625, 100 *453L.Ed.2d 30 (1988), to a situation in which law enforcement officers trespass onto private property to remove garbage from within the curtilage6 of Respondent’s home is both unnecessary and unwise, I would affirm the decision of the Court of Special Appeals. To quote Chief Judge Posner, in his dissent in United States v. Redmon, 138 F.3d 1109, 1129 (7th Cir.1998), “[t]he better answer would be that searches, including…