State v. Patino

For the reasons stated by Justice Clifford, I fully concur with the result reached today that the search of the automobile’s trunk violated the Fourth Amendment. I am in fundamental disagreement, however, with the majority’s conclusion that the holding of Delaware v. Prouse, 440 U.S. 648, 99 S.Ct. 1391, 59 L. Ed.2d 660 (1979), should not be accorded limited retroactive effect. Ante at 5 n.2. For the reasons stated in my opinion in State v. Carpentieri, 82 N.J. 546, 556 (1980) (Pashman, J., dissenting), I believe that the rule of Prouse should be applied to all cases pending direct review on…