So that makes gross violations of the 4th and 5th Amendments OK?
The argument of those who are pro stop-and-frisk ( and I must say that there are many on the RIGHT who are for it ) is this :
Every American citizen has the constitutional right to be free from unreasonable search and seizure. It’s the reason tough talking TV characters always snap “where’s your warrant?” when police start snooping around.
Unfortunately, the police don’t always need a warrant. In fact, all American cities have a stop and frisk exception.
Under this, the police can stop you on the street and pat you down for anything illegal...as long as they have suspicion.
So how exactly does stop and frisk work? And just when can the police use it?
Stop and frisk has been an effective tool for police since the 1968 case Terry v. Ohio, when the Supreme Court ruled in favor of it.
The court agreed with the police that officers face uncertain and dangerous situations on the streets—circumstances that can potentially threaten both law enforcement officers and the public. For this reason, police officers need a set of flexible responses that allow them to react based on the information they possess. Thus, distinctions should be made between a stop and an arrest (or seizure of a person), and between a frisk and a search.
Under the Terry ruling, a police officer may stop and detain a person based on reasonable suspicion. And, if the police reasonably suspect the person is armed and dangerous, they may also frisk him or her for weapons.
What exactly is Reasonable Suspicion?
Reasonable suspicion is defined by a set of factual circumstances that would lead a reasonable police officer to believe criminal activity is occurring. This is different from the probable cause (what a reasonable person would believe) required for an arrest, search, and seizure. If the stop and frisk gives rise to probable cause to believe the detainee has committed a crime, then the police officer should have the power to make a formal arrest and conduct a search of the person.
So, to re-iterate, EVERY CITY already has a stop-and-frisk policy. It is only in NYC where this has been done on a massive scale.