While I have a lot of respect for the Libertarian point of view in many areas, there’s a part of me that can’t shake my old-fashioned “law and order” brand of conservatism.
That aside, if the NYPD, or any PD for that matter, we actually stopping people for no reason at all, I’d agree with you. But that’s not the case.
In order to even have an intelligent conversation, some rudimentary familiarity with the legal standards really is essential though.
The standard for a detention, which has been tried, argued, and adjudicated nearly to death is “reasonable suspicion”, not “reasonable cause” or “probable cause”.
The question of the constitionality of the “frisk” or “pat-down” search for weapons was settled in 1968 in Terry v. Ohio. Now, it’s fine to disagree with SCOTUS (I, myself, do all the time), but it would help to at least acknowledge that this wasn’t something that the NYPD just dreamed up six years ago and was out running amok.
The wikipedia entries for the above are actually pretty good, if you have any interest.
http://en.wikipedia.org/wiki/Terry_v._Ohio
http://en.wikipedia.org/wiki/Reasonable_suspicion
I’m familiar with your points. I still maintain it’s an abrigement.