People v. Brosnan

Wachtler, J. (dissenting).

An attempt to apply the laws of search and seizure to this case illustrates the confusion which exists in that body of our law. Certain of our New York decisions have been invalidated by recent Supreme Court decisions,1 and we find little consistency in the Federal standards which are, at .best, muddled. We should not seek clear cut rules at the expense of constitutional safeguards (Coolidge v. New Hampshire, 403 U. S. 443, 483), but on the other hand, we should not be compelled to wander endlessly through this labyrinth of judicial uncertainty.

In determining when a…