People v. Rosales

The question before us is how far the permissible stop-and-frisk of Terry v Ohio1 extends in an automobile context. When the record does not show that the search was prompted by the officer’s fear of violence while pursuing his *626investigation, Terry v Ohio does not provide authority to validate the search without a warrant.

I

At roll call for his shift on June 10, 1976, Saginaw police officer Herzberg was told that a young black man, who had been arrested for the armed robbery of "after hours” drinking establishments in Saginaw, had escaped from the hospital where he apparently was receiving…