Can a Warrantless Search and Thereafter An Issuance of a Warrant Be Upheld Due to Clear Evidence of Drug Trafficking ?
In California v. Greenwood, 486 U.S. 35, 37-38, 100 L. Ed. 2d 30, 35, 108 S. Ct. 1625, 1627 (1988.), the officer drove past the defendant's residence and saw a man carrying trash to the curb for collection.
The officer directed the trash collector to remove the other refuse from his truck, collect the defendant's trash, and deliver the trash to the officer.
A search disclosed evidence of drug trafficking.
Later that day, the officer submitted an affidavit describing her observations and the residence in detail, and a magistrate issued a warrant to search the defendant's home. Greenwood, 486 U.S. at 37-38, 100 L. Ed. 2d at 35, 108 S. Ct. at 1627.
The Supreme Court upheld the warrantless search of the trash and the issuance of the warrant. Greenwood, 486 U.S. at 40, 100 L. Ed. 2d at 36, 108 S. Ct. at 1628.