People v. Edwards

I concur in the portion of the majority decision holding that the search of the trash can was unlawful. I dissent, however, from the portion of the majority opinion that holds that the rule of Chimel v. California, 395 U.S. 752 [23 L.Ed.2d 685, 89 S.Ct. 2034] and the companion cases of Von Cleef v. New Jersey, 395 U.S. 814 [23 L.Ed.2d 728, 89 S.Ct. 2051], and Shipley v. California, 395 U.S. 818 [23 *1111L.Ed.2d 732, 89 S.Ct. 2053], applies only to searches which occurred subsequent to June 23, 1969, the date of those decisions.

In my view the rule announced in Ghimel applies to all pending cases.…