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Compose a 500 words essay on Business Law #1. Needs to be plagiarism free!Download file to see previous pages... The California Supreme Court and the U.S. Court of Appeals dismissed the charges agains
Compose a 500 words essay on Business Law #1. Needs to be plagiarism free!
Download file to see previous pages...The California Supreme Court and the U.S. Court of Appeals dismissed the charges against the respondents on the authority of People v Krivade that was decided by the California Supreme Court. In the said case, the California Supreme Court held that warrantless trash searches violate the Fourth Amendment and the California Constitution. The State law of California provides that Californians have the right to privacy in their garbage and cannot be inspected without warrant.
The U.S. Supreme Court granted certiorari and reversed the decision of the U.S. Court of Appeals. It concluded in accordance with the vast majority of lower courts that have addressed the issue that the Fourth Amendment does not prohibit warrantless search and seizure of garbage left for collection outside the curtilage of a home. The U.S. Supreme Court based its decision on a number of similar cases that were already decided. It said that the warrantless seizure of garbage bags left at the curb outside the Greenwood house would violate the Fourth Amendment only if respondents manifested a subjective expectation of privacy in their garbage that society accepts as objectively reasonable.
What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment provisions. The U.S.