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Al, he would have gotten the firearm as part of the reasonableness. It was in the glove compartment when the traffic stop was made. To be perfectly honest, I guess I'm more than a little surprised the State has so far conceded the passenger was in possession of the firearm, given the urban legends about how strict the laws are in NY. Maybe that's City not State. Maybe the State hasn't gotten around to it yet, or who knows.
I'm under the impression that asking if anyone is armed is all but the definition of the beginnings of a Terry Stop. I'm also under the impression a Terry Stop does not preclude an eventual seizure and arrest. Nor do I understand the seizure of driver and passenger as part of a traffic stop prevent the Terry portion of a stop.
Given the rationale for the Terry Stop in the first place, I just don't see the court holding that performing a Terry Stop then negates the reasonableness of an otherwise legal warrant-less search executed right after the officer-protection aspects of a Terry Stop has been completed.
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