State v. Carpentieri

I respectfully dissent. The majority has made two fundamental errors in summarily rejecting defendant’s contention that his prosecution was founded upon the unconstitutional seizure of his automobile. The majority assumes without discussion that the recent decision of the United States Supreme Court in Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979), represents such a change in federal constitutional law as to require prospective effect only. This assumption is mistaken, for Prouse is nothing but an application of settled Fourth Amendment doctrine which was first stated…