' "The principles set forth in these opinions have now been codified in Title 15-5-30 and 15-5-31, Code of Alabama 1975 as amended. See also, Goodman v. State, 356 So.2d 691 (Ala.Cr.App.), cert. denied, 356 So.2d 698 (Ala. 1978) and Wheat v. State, 372 So.2d 400 (Ala.Cr.App. 1979)."
The principles set forth in these opinions have now been codified in Title 15-5-30 and 15-5-31, Code of Alabama 1975 as amended. See also, Goodman v. State, 356 So.2d 691 (Ala.Cr.App.), cert. denied, 356 So.2d 698 (Ala. 1978) and Wheat v. State, 372 So.2d 400 (Ala.Cr.App. 1979). In the case at bar, Officer Simmons testified that the appellant's address indicated that he lived in the East Montgomery section at the Carey Drive Apartments, some distance from the apartments where he was found by the officers.
The concept of the investigative stop has been adopted by statute in Alabama, § 15-5-30, et seq., Code of Alabama 1975, and though Terry was factually concerned with stops of suspicious characters on sidewalks, it is clear from the subsequent decisions of both the United States Supreme Court and the appellate courts of this State that the Terry principle is equally applicable to the stop of a vehicle. See Delaware v. Prouse, supra; United States v. Brignoni-Ponce, 422 U.S. 873, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975); Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973); Berryhill v. State, Ala.Civ.App., 372 So.2d 355 (1979); Goodman v. State, Ala.Cr.App., 356 So.2d 691, cert. denied, Ala., 356 So.2d 698 (1978); Herrin v. State, Ala.Cr.App., 349 So.2d 103, cert. denied, Ala., 349 So.2d 110 (1977). Recognizing that "effective crime prevention and detection" are important governmental interests, Terry v. Ohio, supra, we are persuaded that the action of Lieutenant Brock in stopping appellant's vehicle to question him as to his activities and whereabouts that night was a legitimate and minimally intrusive procedure under the circumstances.
He was represented by retained counsel and at arraignment pleaded not guilty. After sentence was imposed he gave notice of appeal and trial counsel represented him on appeal. On January 24, 1978, this court affirmed the conviction, Goodman v. State, Ala.Cr.App., 356 So.2d 691, and on March 31, 1978, the Supreme Court denied certiorari, Ala., 356 So.2d 698. On September 25, 1978, Goodman filed a petition for writ of error coram nobis alleging that he was denied effective assistance of counsel because of the failure to call to the witness stand two persons he had subpoenaed for trial who allegedly would testify that petitioner did not know the drugs were in the automobile he was driving when arrested.
"[A]n affidavit and search warrant not contained in the record on appeal cannot be considered on review of the trial court's ruling as to its sufficiency or any of the underlying circumstances supporting the warrant."Barbosa v. State, Ala.Cr.App., 331 So.2d 811 (1976); Mayes v. State, Ala.Cr.App., 350 So.2d 339 (1977); McHellen v. State, Ala.Cr.App., 351 So.2d 689 (1977); Goodman v. State, Ala.Cr.App., 356 So.2d 691, cert. denied, 356 So.2d 698 (1978); and Turner v. State, 383 So.2d 393 (1980). There is no error established by this record.
A careful review of the record, however, reveals that neither the search warrant nor its supporting affidavit was made a part of the record in this case. It is well settled in this state that an affidavit and search warrant not contained in the record cannot be considered on appeal. Conner v. State, 6 Div. 495 (Ms. November 20, 1979), and authorities therein cited; Goodman v. State, Ala.Cr.App., 356 So.2d 691, cert. denied, 356 So.2d 698 (1978). II
The Alabama Appellate Courts on at least four occasions have held that an affidavit and search warrant not contained in the record on appeal cannot be considered on review of the trial court's ruling as to its sufficiency or any of the underlying circumstances supporting the warrant. Barbosa v. State, Ala.Cr.App., 331 So.2d 811 (1976); Mayes v. State, Ala.Cr.App., 350 So.2d 339 (1977); McHellen v. State, Ala.Cr.App., 351 So.2d 689 (1977); and Goodman v. State, Ala.Cr.App., 356 So.2d 691, cert. denied, Ala., 356 So.2d 698 (1978). In the case under review our examination reveals that the affidavit and search warrant are attached to counsel's brief on appeal in this cause.
Recently, this Court, speaking through Judge DeCarlo, in Herrin v. State, Ala.Cr.App., 349 So.2d 103, cert. denied, Ala., 349 So.2d 110 (1977), set forth the criteria under which an investigative stop and seizure may be made. This Court followed the Herrin case in an opinion known as Goodman v. State, Ala.Cr.App., 356 So.2d 691, cert. denied, Ala., 356 So.2d 698. It is clear from the evidence in this cause that the two Montgomery detectives, Murphy and Gaines, were acting upon information furnished to them from their fellow officer, Detective R.D. Mobley, concerning some missing guitars and other musical instruments reported as missing from Berea Church.