People v. Rosales

The question for decision is whether a police officer may conduct a limited search of a van for the officer’s own safety, when he witnesses furtive movements by the driver which lead the officer to believe that a gun is being concealed therein, when the van is observed illegally parked in front of a known "after-*630hours” drinking establishment, and contains a passenger who matches the description of an escapee who had been arrested for robbing such establishments, as well as the driver. If the officer may do so, then pursuant to the teachings of Terry v Ohio, 392 US 1; 88 S Ct 1868; 20 L Ed 2d…