ESSEX, ADMINISTRATRIX

v.

WALTERS, COMMISSIONER OF INTERNAL REVENUE, ET AL.

Citator

Cited By (17 total)

• United States v. Terry, 702 F.2d 299 (2d Cir. 1983)
  …eople v. Krivda, 5 Cal.3d 357, 96 Cal. Rptr. 62, 486 P. 2d 1262 (1971), remanded, 409 U.S. 33, 93 S.Ct. 32, 34 L.Ed.2d 45 (1972) , aff’d on both state and federal constitutional grounds, 8 Cal.3d 623, 105 Cal. Rptr. 521, 504 P. 2d 457, cert. denied, 412 U.S. 919, 93 S.Ct. 2734, 37 L.Ed.2d 145 (1973) . When plastic trash containers and their contents are picked up by the collector and carted to a public waste disposal area, common experience teaches that the former owner obtains no implicit assurance that t…
• United States v. Shelby, 573 F.2d 971 (7th Cir. 1978)
  …rbage cans, except perhaps in California.3 See People v. Krivda, 5 Cal.3d 357, 96 Cal.Rptr. 62, 486 P. 2d 1262 (1971), vacated, 409 U.S. 33, 93 S.Ct. 32, 34 L.Ed.2d 45, reaffirmed, 8 Cal.3d 623, 105 Cal.Rptr. 521, 504 P. 2d 457 (1973), cert. denied, 412 U.S. 919, 93 S.Ct. 2734, 37 L.Ed.2d 145. In this four-three decision the California Supreme Court takes a different view. Krivda followed People v. Edwards, 71 Cal.2d 1096, 80 Cal.Rptr. 633, 458 P. 2d 713 (1969), which seems to adopt a theory of selective or…
• California v. Rooney, 483 U.S. 307 (U.S. 1987)
  …enied, 444 U. S. 1081 (1980); People v. Krivda, 5 Cal. 3d 357, 368, n. 1, 486 P. 2d 1262, 1264, n. 1 (1971) (Wright, C. J., concurring and dissenting), vacated and remanded, 409 U. S. 33 (1972), on remand, 8 Cal. 3d 623, 504 P. 2d 457, cert. denied, 412 U. S. 919 (1973). Every Federal Court of Appeals that has addressed the issue has concluded that the Fourth Amendment does not protect trash placed for collection outside a residence and its curtilage. United States v. Dela Espriella, 781 F. 2d 1432, 1437 (C…

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