Fourth Amendment United States Constitution The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
State of Florida v. Billy Greenwood Police had received information that Billy Greenwood was selling drugs. Neighbors were complaining that cars constantly came to Greenwood s house late at night and stayed very short periods of time. An informant for the police also told them that Billy was expecting a large shipment of narcotics to arrive by truck. The police watched Greenwood s house and saw cars come and go throughout the night. The police also saw a truck leave the house and followed it to another house, which was known to be a drug dealing location. Police investigator Jenny Shelfer had been working on the case for several months. One day she asked the garbage collector for Billy Greenwood s neighborhood if he would give her Greenwood s trash without mixing it together with anyone else s trash. The officer found evidence related to the use of narcotics. She used this information to obtain a search warrant to search Greenwood s home. The search of Greenwood s home found large quantities of cocaine. Greenwood was arrested on felony narcotics charges. In circuit court, Billy Greenwood s lawyers claimed that the search of his trash without a warrant was unconstitutional and that the evidence obtained during the search should be excluded from the trial. The circuit court agreed with Greenwood s lawyers. The State appealed the decision to the District Court of Appeal. The District Court of Appeal agreed with the decision of the circuit court. Now the
Constitutional Question Did the police violate Billy Greenwood s Fourth Amendment rights by searching through his garbage can without a warrant?
Petitioner Arguments MAY IT PLEASE THE COURT. MY NAME IS AND I REPRESENT THE PETITIONER, THE STATE OF Florida, WHO CONTENDS THAT THE POLICE DID NOT VIOLATE Billy Greenwood s 4TH AMENDMENT RIGHTS The State s Arguments (for the warrantless garbage search) include: 1. Greenwood threw away his trash and gave up his ownership. Anyone could have gone through his garbage and found the evidence. 2. The Fourth Amendment does not apply here because the garbage can is in a place where anyone can look inside it. The garbage was accessible to the public.. 3. Since there is no expectation of privacy, the garbage can is not protected and the police do not need a search warrant to search. 4. If Greenwood didn t want anyone to see what he had in his garbage, he could have disposed of it in a different way. 5. The fact that these items were given up by Greenwood, without any intention of ever getting them back, he cannot claim them as his private property.
Respondent Arguments MAY IT PLEASE THE COURT. MY NAME IS AND I REPRESENT THE RESPONDENT, BILLY GREENWOOD, WHO BELIEVES THAT HIS 4TH AMENDMENT RIGHTS WERE VIOLATED BY THE WARRANTLESS SEARCH OF HIS GARBAGE. Greenwood s Arguments (against the warrantless search of garbage) include: 1. Greenwood s garbage is his property and cannot simply be invaded at the whim of the police. 2. The Fourth Amendment clearly states that a person s effects are protected and this garbage was his property. 3. If the police had a good reason to believe that Greenwood had drugs, they could have gotten a search warrant. 4. The police could have found something embarrassing of Greenwood s that he didn t want anyone else to see that had nothing to do with drugs. 5. If the court rules this is fair to search Billy Greenwood s garbage without a warrant, then the police will be looking in our mailboxes or unlocked cars, since there s no expectation of privacy.
Sample Questions for Justices Questions to ask the petitioner (attorney for State of Florida) 1. Why didn t the officers obtain a search warrant? 2. Shouldn t police be required to have a warrant before they go through someone s belongings? 3. Why doesn t the Fourth Amendment apply here? 4. If we rule in your favor, how can we ensure that police will not go through our mail or have access to other property not inside our homes? Questions to ask the respondent (attorney for Billy Greenwood): 1. Why shouldn t the officer have searched Greenwood s garbage can? 2. Does the Fourth Amendment apply here? 3. Didn t the officers have enough information to be able to search Greenwood s garbage without a warrant? 4. Isn t it possible for anyone to get into Greenwood s garbage since it was outside and ready to be collected? 5. Why should the officer have been required to get a search warrant?
Marshal s Script (You must call Court to order in a very loud voice.) All rise. Hear ye! Hear ye! Hear ye! The Supreme Court of Florida is now in session. All who have cause to plea, draw near, give attention, and you shall be heard. God save these United States, this great State of Florida, and this honorable Court. (After all of the justices have entered and are standing in their spots, say:) Ladies and gentlemen, the Florida Supreme Court. Please be seated. The Trash
Chief Justice Script The Trash The Court is ready to hear the case of State of Florida v. Billy Greenwood. Are the attorneys ready to proceed? Attorneys for the Petitioner may begin. [When the Clerk calls time, you tell the petitioner s attorneys that their time is up. If the attorneys are in the middle of an answer when time is called, then you can tell them that they may briefly finish their answer.] Attorneys for the Respondent may begin. [When the Clerk calls time, you tell the respondent s attorneys that their time is up. If the attorneys are in the middle of an answer when time is called, then you can tell them that they may briefly finish their answer.] Attorneys for the Petitioner may present rebuttal. [When the Clerk calls time, you tell the petitioner s attorneys that their time is up. If the attorneys are in the middle of an answer when time is called, then you can tell them that they may briefly finish their answer.] Attorneys, thank you for your arguments. The Court will announce its decision shortly.
Vote Sheet Votes: Chief Justice Pariente Justice Wells Justice Anstead Justice Lewis Justice Quince Justice Cantero Justice Bell