People v. Prosser

I dissent from the majority’s conclusion that the search of defendant *126was illegal under Terry v Ohio, 392 US 1; 88 S Ct 1868; 20 L Ed 2d 889 (1968).

In this case, unlike Terry, there is no question about the propriety of the initial restrictions on the defendant, since he was riding in a vehicle which was being driven recklessly and, thus, became a proper subject for an investigatory stop. Pennsylvania v Mimms, 434 US 106, 109; 98 S Ct 330; 54 L Ed 2d 331 (1977). Upon receiving the inconsistent information relating to the identification of the driver and front seat passenger, one of the state…