Complete the following questions regarding California v. Greenwood on the same sheet of loose leaf (10 points).
- Which side do you agree with? The majority or the dissent? Why?
- What are ways you could keep your trash private? Is there any way to dispose of trash and still keep an expectation of privacy?
- Should it change the analysis that it is against the law not to recycle and dispose of trash in a proper manner? For example, if it is a crime to not dispose of your trash through official governmental services, are you not forced to relinquish your reasonable expectation of privacy? How can you ever claim an expectation of privacy in the things you throw out, when you know that by law the government will dispose if it?
- Does your analysis of the case turn on where the trash was kept? What if the trash was kept in the house until pick up? Would that matter?
- Does your analysis turn on how the trash was kept? What if it the bag had
- been a clear plastic bag? Does your analysis change on who regularly has access to the trash? For example, we know that occasionally people “dumpster-dive” either out of necessity or fun. Since we know that people will go through our trash, how can we ever claim any expectation of privacy?