This 1979 case, for which the ACLU filed an amicus brief in support of the defendant, Gregory Joseph Skiba (last name excluded in paperwork, since he was a minor at the time the detainment), a 15 year old Orinda boy charged with "malicious mischief," by his next door neighbor. This neighbor, who had a history of complaints against the boy, called the police. The police officer, Deputy Flores, entered the boy's yard in order to question him about his actions (ringing his neighbors doorbell, hiding, and throwing a mudball). The ACLU writes "We submit that the detention of Gregory Skiba in the setting presented by this case -- that is in his yard on suspicion of throwing a mudball -- is impermissable because the gravity of the concerns furthered by the detention are simply outweighed by the personal privacy interests of the householder. Accordingly, the Fourth Amendment and Article I, Section 13 of the California Constitution forbid the intrusion under the circumstances."

The ACLU argued that Flores had overstepped the boundaries of his duty as a police officer and had invaded the boy's privacy by entering his yard and questioning him. They write, "...an officer is under no duty to make an illegal entry or seizure." The plaintiffs argued that the boy had violated Penal Code section 148 (obstructing a police officer), but the ACLU point out that no obstruction is possible if the officer is acting illegally. This seemingly benign case dragged on over the course of many appeals, and the outcome is not known from the materials here.