I concur in the judgment. Although the case is quite close, on balance I agree that defendant’s conduct did not furnish probable cause to believe that the object discarded by defendant contained contraband. I do not agree, however, with the majority’s reaffirmation of its holding in People v. Brisendine (1975) 13 Cal.3d 528, 548-552 [119 Cal.Rptr. 315, 531 P.2d 1099] to the effect that article I, section 13, of our state Constitution, which is essentially identical in wording with the Fourth Amendment of the federal Constitution, imposes a different and higher standard of reasonableness than that enunciated by the United States Supreme Court with respect to the Fourth Amendment (United States v. Robinson (1973) 414 U.S. 218 [38 L.Ed.2d 427, 94 S.Ct. 467]; Gustafson v. Florida (1973) 414 Ü.S. 260 [38 L.Ed.2d 456, 94 S.Ct. 488]). For reasons well stated by Justice Burke in the Brisendine dissent, those decisions by the United States Supreme Court are highly persuasive as to the standard of reasonableness imposed by article I, section 13, and should be followed.