california v greenwood cornell

In holding that the warrantless search of Greenwood's trash was consistent with the Fourth Amendment, the Court paints a grim picture of our society. It may well be that respondents did not expect that the contents of their garbage bags would become known to the police or other members of the public.

(State must provide "specific and detailed guidance" to the sentencing body). See United States v. Dela Espriella, 781 F.2d 1432, 1437 (CA9 1986); United States v. O'Bryant, 775 F.2d 1528, 1533-1534 (CA11 1985); United States v. Michaels, 726 F.2d 1307, 1312-1313 (CA8), cert. 1286-1287). For example, State v. Ronngren, 361 N.W.2d 224 (N.D.1985), involved the search of a garbage bag that a dog, acting "at the behest of no one," id., at 228, had dragged from the defendants' yard into the yard of a neighbor. 34 Cal.3d, at 878, n. 10, 196 Cal.Rptr., at 332, n. 10, 671 P.2d, at 826, n. 10. . Ante, at 542.

A single bag of trash testifies eloquently to the eating, reading, and recreational habits of the person who produced it. In fact, the California Constitution, as interpreted by the State's highest court, guarantees a right of privacy in trash vis-a-vis government officials.

3405, 82 L.Ed.2d 677 (1984); United States v. Janis, 428 U.S. 433, 96 S.Ct. Id., at 526, 99 S.Ct., at 2460. Williams v. United States, 461 U.S. 931, 103 S.Ct. "3 Most of us, I believe, would be incensed to discover a meddler—whether a neighbor, a reporter, or a detective—scrutinizing our sealed trash containers to discover some detail of our personal lives. When a jury serves as the sentencing authority, such guidance is provided, in part, through jury instructions. In People v. Payton, Cr.

Greenwood was again arrested. Robbins, supra, 453 U.S., at 441, 101 S.Ct., at 2854 (REHNQUIST, J., dissenting) (objecting to Court's discovery of reasonable expectation of privacy in contents of "two plastic garbage bags").

877.

As the author of the Court's opinion observed last Term, a defendant's "property interest [in trash] does not settle the matter for Fourth Amendment purposes, for the reach of the Fourth Amendment is not determined by state property law." 1492, 1497, 94 L.Ed.2d 714 (1987) (a government employee has a reasonable expectation of privacy in his office, even though "it is the nature of government offices that others—such as fellow employees, supervisors, consensual visitors, and the general public—may have frequent access to an individual's office").

. KENNEDY, J., took no part in the consideration or decision of the case. None of these people knew the defendant or were with the defendant at or about the time these crimes were occurring.' at 1655, 1656-1657 (suggesting that a warrantless search of an "ordinary cardboard box wrapped in brown paper" would have violated the Fourth Amendment had a private party not already opened it). This contention is belied by the fact that the jury was instructed that it "shall consider, take into account and be guided by the applicable factors of aggravating and mitigating circumstances upon which you have been instructed." Washington Post, July 9, 1975, p. A1, col. 8. 32, 34 L.Ed.2d 45 (1972); State v. Brown, 20 Ohio App.3d 36, 38, n. 3, 484 N.E.2d 215, 218, n. 3 (1984). A-699. This instruction was given at the end of the penalty phase, only after respondent had produced 13 witnesses in his favor.

776, 779-780, 5 L.Ed.2d 828 (1961) (search of a house invaded tenant's Fourth Amendment rights even though landlord had authority to enter house for some purposes); Stoner v. California, 376 U.S. 483, 487-490, 84 S.Ct. Other cases involving the instruction to consider "any other circumstance which extenuates the gravity of the crime," pending before the State Supreme Court at the time of argument in this Court, also illustrate the fact that the subsection in this form lends itself to such an interpretation. The Court overruled the latter determination in United States v. Ross, 456 U.S. 798, 102 S.Ct. 3037, 3050, 49 L.Ed.2d 1067 (1976)). . In this case, for instance, the prosecutor in his closing argument noted that numerous relatives had testified at the penalty phase on behalf of Brown, and that they "told us what a good boy he was at the time in his youth when they knew him.

.

First, sentencers may not be given unbridled discretion in determining the fates of those charged with capital offenses.

"(d) Whether or not the offense was committed while the defendant was under the influence of extreme mental or emotional disturbance. 2860, 2864, n. 4, 69 L.Ed.2d 768 (1981) (defining "container," for purposes of search incident to a lawful custodial arrest, as "any object capable of holding another object," including "luggage, boxes, bags, clothing, and the like"). that the defendant proffers as a basis for a sentence less than death." CALIFORNIA v. GREENWOOD(1988) No.

13-14). " App. Rakas v. Illinois, 439 U.S. 128, 143-144, n. 12, 99 S.Ct. Because Sometimes It Is Better to Give Than to Receive, in Explorations in Ethnoarchaeology 49, 54 (R. Gould ed. 2978, 49 L.Ed.2d 944 (1976), the court ruled that the instruction "is calculated to divert the jury from its constitutional duty to consider 'any [sympathetic] aspect of the defendant's character or record,' whether or not related to the offense for which he is on trial, in deciding the appropriate penalty." . . . It cannot be doubted that a sealed trash bag harbors telling evidence of the "intimate activity associated with the 'sanctity of a man's home and the privacies of life,' " which the Fourth Amendment is designed to protect. Our precedent, therefore, leaves no room to doubt that had respondents been carrying their personal effects in opaque, sealed plastic bags—identical to the ones they placed on the curb—their privacy would have been protected from warrantless police intrusion. CALJIC 8.84.1(k).

Id., at 426-427, 101 S.Ct., at 2846. New York v. Belton, 453 U.S. 454, 460-461, n. 4, 101 S.Ct. The California Supreme Court invalidated Brown's death sentence because it believed that a jury instruction given during the sentencing phase of Brown's trial, which told the jury that it "must not be swayed by mere sentiment, conjecture, sympathy, passion, prejudice, public opinion or public feeling," violated the Eighth Amendment to the United States Constitution.

Michael Ian Garey, Santa Ana, Cal., for respondents. Gregg v. Georgia, 428 U.S. 153, 227, 96 S.Ct.

. Long ago, when, in dissent, I expressed my fear of legislation that would make the death penalty mandatory, and thus remove all discretion from the sentencer, I observed that such legislation would be "regressive .

The sentencer's ability to respond with mercy towards a defendant has always struck me as a particularly valuable aspect of the capital sentencing procedure.

Ante, at 542. . . "(k) Any other circumstance which extenuates the gravity of the crime even though it is not a legal excuse for the crime." 2125). "What a person . It is common knowledge that plastic garbage bags left along a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public. The language of this instruction was drawn from the longer instruction 1.00 of 1 California Jury Instructions, Criminal (4th ed. Whatever speculative benefit the instruction bestows on the defendant cannot be purchased at such a price. We conclude, in accordance with the vast majority of lower courts that have addressed the issue, that it does not.

1965, 1975, 85 L.Ed.2d 344 (1985): "Nothing in [the] specific sentences or in the charge as a whole makes clear to the jury that one of these contradictory instructions carries more weight than the other. Justice O'CONNOR, concurring. See 40 Cal.3d 512, 538-545, 220 Cal.Rptr.

CALJIC 8.84.1. M. Sloane, "The Supermarket Shopper's" 1980 Guide to Coupons and Refunds 74, 161 (1980). Oliver v. United States, 466 U.S. 170, 180, 104 S.Ct. [A] traveler who carries a toothbrush and a few articles of clothing in a paper bag or knotted scarf [may] claim an equal right to conceal his possessions from official inspection as the sophisticated executive with the locked attache case.

Furthermore, said the prosecutor: " '[S]ympathy is an interesting thing, because even though you try not to consider it, this decision you are going to make has emotional overtones to it.

inevitably associated with the expectation of privacy."

denied sub nom.

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