|Own your ow legal marijuana business||
Your guide to making money in the multi-billion dollar marijuana industry
SUPREME COURT OF THE UNITED STATES
1972.SCT.3501 , 409 U.S. 33, 93 S. Ct. 32, 34 L. Ed. 2d 45
October 24, 1972
KRIVDA ET AL.
CERTIORARI TO THE SUPREME COURT OF CALIFORNIA.
Russell Iungerich, Deputy Attorney General of California, argued the cause for petitioner. With him on the briefs were Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James and S. Clark Moore, Assistant Attorneys General, and William R. Pounders, Deputy Attorney General, joined by John D. LaBelle for the State of Connecticut and by the following Attorneys General: William J. Baxley of Alabama, Gary K. Nelson of Arizona, Ray Thornton of Arkansas, Duke W. Dunbar of Colorado, W. Laird Stabler, Jr., of Delaware, Robert L. Shevin of Florida, Arthur K. Bolton of Georgia, George Pai of Hawaii, W. Anthony Park of Idaho, Theodore L. Sendak of Indiana, Richard C. Turner of Iowa, Jack P. F. Gremillion of Louisiana, Francis B. Burch of Maryland, A. F. Summer of Mississippi, Robert L. Woodahl of Montana, Clarence A. H. Meyer of Nebraska, Robert List of Nevada, Warren B. Rudman of New Hampshire, George F. Kugler, Jr., of New Jersey, Louis J. Lefkowitz of New York, Helgi Johanneson of North Dakota, William J. Brown of Ohio, J. Shane Creamer of Pennsylvania, Richard J. Israel of Rhode Island, Daniel R. McLeod of South Carolina, Gordon Myland of South Dakota, David M. Pack of Tennessee, Crawford C. Martin of Texas, Vernon B. Romney of Utah, James M. Jeffords of Vermont, Andrew P. Miller of Virginia, Ronald H. Tonkin of the Virgin Islands, Slade Gorton of Washington, Robert W. Warren of Wisconsin, and Clarence A. Brimmer of Wyoming.
Roger S. Hanson, by appointment of the Court, 406 U.s. 904, argued the cause for respondents. With him on the brief was George R. Milman.
Briefs of amici curiae were filed by William J. Scott, Attorney General, and James B. Zagel, Assistant Attorney General, for the State of Illinois; by Frank G. Carrington, Jr., Alan S. Ganz, Glen Murphy, and Wayne W. Schmidt for Americans for Effective Law Enforcement, Inc., et al.; by Melvin L. Wulf, Sanford J. Rosen, Joel M. Gora, A. L. Wirin, Fred Okrand, and Lawrence R. Sperber for the American Civil Liberties Union et al.; by Sheldon Portman and Rose Elizabeth Bird for the California Public Defenders Assn.; and by Theodore A. Gottfried and Marshall J. Hartman for the National Legal Aid and Defender Assn.
The opinion of the court was delivered by: Per Curiam
It not being clear whether the judgement of the California Supreme Court affirming the lower court is based on federal or state constitutional grounds, or both, and whether this Court has jurisdiction on review, that judgement is vacated and the case remanded.
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 judgement 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.
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), "while 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 judgement of the state court, we are unable to say with any degree of
certainty that the judgement of the California Supreme Court was not based on an adequate
and independent nonfederal ground." We therefore vacate the judgement 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.
Schaffer Library of Drug Policy
Major Studies of Drug and Drug Policy
Marihuana, A Signal of Misunderstanding - The Report of the US National Commission on Marihuana and Drug Abuse
Licit and Illicit Drugs
Short History of the Marijuana Laws
The Drug Hang-Up
Congressional Transcripts of the Hearings for the Marihuana Tax Act of 1937
Frequently Asked Questions About Drugs
Basic Facts About the Drug War
Charts and Graphs about Drugs
Information on Alcohol
Guide to Heroin - Frequently Asked Questions About Heroin
LSD, Mescaline, and Psychedelics
Drugs and Driving
Children and Drugs
Drug Abuse Treatment Resource List
American Society for Action on Pain
Let Us Pay Taxes
Marijuana Business News
Reefer Madness Collection
Medical Marijuana Throughout History
Drug Legalization Debate
Legal History of American Marijuana Prohibition
Marijuana, the First 12,000 Years
DEA Ruling on Medical Marijuana
Legal References on Drugs
GAO Documents on Drugs
Response to the Drug Enforcement Agency
|Drug Information Articles|
Taking a drug test:
How To Pass A Drug Test
Beat Drug Test
Pass Drug Test
Drug Screening Tests
Drug Addiction Treatment