PEOPLE v. GREENWOOD (1988)

OPINION

The Supreme Court of the United States on May 16, 1988, issued its judgment and mandate reversing the judgment of this court and remanding the cause to us for further proceedings not inconsistent with its opinion.

The opinion of the United States Supreme Court in California v. Greenwood (1988) --- U.S. ----, 108 S.Ct. 1625, 100 L.Ed.2d 30 concluded that the Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home.

Pursuant to the high court's mandate we have reexamined our opinion (reported at 182 Cal.App.3d 729, 227 Cal.Rptr. 539) wherein we held that until the United States Supreme Court ruled otherwise, we were bound by the California Supreme Court's holding in People v. Krivda (1971) 5 Cal.3d 357, 96 Cal.Rptr. 62, 486 P.2d 1262, that such warrantless trash searches are illegal.   Since the United States Supreme Court has now declared federal law is not violated by warrantless trash searches, our holding must change accordingly.

The judgment is reversed.

ORDER OF CORRECTION

On October 18, 1988, and October 25, 1988, respectively, an Opinion and an Order Modifying Opinion were filed in this matter. Through inadvertence, both documents, which were not to be published, were incorrectly noted as ‘Certified for Publication.‘

Accordingly, the orders for publication on both the Opinion and the Order Modifying Opinion are hereby VACATED.

FOOTNOTES

1.   John K. Trotter, Jr., a former member of this panel, is now retired from the Court of Appeal.

WOLLIN, Associate Justice.

SONENSHINE, Acting P.J.1, concurs.