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California v. Krivda

CALIFORNIA v. KRIVDA Et Al.

California v. Krivda, 409 U.S. 33 (1972)
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Court
Supreme Court of the United States
Decided
December 11, 1972
Docket
No. 71-651
Judges
Per Curiam
Citations
409 U.S. 3393 S. Ct. 3234 L. Ed. 2d 451972 U.S. LEXIS 15

Opinion — Per Curiam

Per Curiam.

On the basis of evidence obtained in a police search of respondents’ trash, respondents were charged with possession of marihuana in violation of § 11530 of the California Health & Safety Code. The Supreme Court of California affirmed the superior court’s judgment of dismissal and order suppressing the evidence on the grounds that, under the circumstances of this case, respondents “had a reasonable expectation that their trash would not be rummaged through and picked over by police officers acting without a search warrant.”

People v. Krivda, 5 Cal. 3d 357, 366-367 , 486 P. 2d 1262, 1268 (1971)

(en banc).

We granted certiorari. 405 U. S. 1039 .

*35 After briefing and argument, however, we are unable to determine whether the California Supreme Court based its holding upon the Fourth and Fourteenth Amendments to the Constitution of the United States, or upon the equivalent provision of the California Constitution, or both. In reaching its result in this case, the California court cited pertinent excerpts from its earlier decision in People v. Edwards, 71 Cal. 2d 1096 , 458 P. 2d 713 (1969)

(en banc), which relied specifically upon both the state and federal provisions. 5 Cal. 3d, at 367 , 486 P. 2d, at 1269 . Thus, as in Mental Hygiene Dept.

v. Kirchner, 380 U. S. 194, 196-197 (1965), “[wjhile we might speculate from the choice of words used in the opinion, and the authorities cited by the court, which provision was the basis for the judgment of the state court, we are unable to say with any degree of certainty that the judgment of the California Supreme Court was not based on an adequate and independent nonfederal ground.” We therefore vacate the judgment of the Supreme Court of California and remand the cause to that court for such further proceedings as may be appropriate.

Mental Hygiene Dept.

v. Kirchner, supra; Minnesota v. National Tea Co., 309 U. S. 551 (1940);

State Tax Comm’n v. Van Cott, 306 U. S. 511 (1939). We intimate no view on the merits of the Fourth and Fourteenth Amendment issue presented.

How later courts describe this case

Explanatory parentheticals written by citing courts — 8 in all; the most informative distinct ones are shown.

Cited by 86 cases

View all citing references →
1973: 81974: 41975: 31976: 91977: 41978: 81979: 31980: 71981: 51982: 51983: 61984: 21985: 51986: 11987: 11988: 11989: 21990: 21991: 11992: 11993: 21996: 12000: 12007: 12015: 12019: 12025: 119732026peak 1976 · 9

Relies on it most ⓘ

  1. People v. Huddleston347 N.E.2d 76 (Ill. App. Ct. 1976)
  2. Smith v. State510 P.2d 793 (Alaska 1973)
  3. People v. Whotte317 N.W.2d 266 (Mich. Ct. App. 1982)
  4. People v. Dumas512 P.2d 1208 (Cal. 1973)
  5. State v. Hempele576 A.2d 793 (N.J. 1990)
  6. United States v. Terry702 F.2d 299 (2d Cir. 1983)

Most recent

  1. Commonwealth v. Williams, S.2025 Pa. Super. 159
  2. State v. Lien441 P.3d 185 (Or. 2019)
  3. State of Minnesota v. David Ford McMurray860 N.W.2d 686 (Minn. 2015) · Dissent
  4. State v. Beltz160 P.3d 154 (Alaska Ct. App. 2007)
  5. Sampson v. State744 A.2d 588 (Md. Ct. Spec. App. 2000)
  6. State v. Morris680 A.2d 90 (Vt. 1996)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
People v. Krivda, 486 P.2d 1262 (Cal. 1971) 111
People v. Edwards, 458 P.2d 713 (Cal. 1969) 212
Dep't of Mental Hygiene of Cal. v. Kirchner, 380 U.S. 194 (1965) 51
Minnesota v. Nat'l Tea Co., 309 U.S. 551 (1940) 142
State Tax Comm'n v. Van Cott, 306 U.S. 511 (1939) 62

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