Greenwood

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 in Greenwood’s home during the execution of two different search warrants in 1984. Both warrant affidavits included incriminating information obtained from warrantless searches and seizures of trash Greenwood left for collection at the curb. While the preliminary hearing magistrate upheld each warrant, the superior court disagreed and granted Greenwood’s and Van Houten’s motion to set aside the information (Pen. Code, § 995), concluding their motion to suppress evidence (Pen. Code, § 1538.5) seized pursuant to the warrants should have been granted at the preliminary hearing. The prosecution…