If stop and frisk is totally random then it would be
Posted on: September 22, 2016 at 10:22:32 CT
DHighlander NWMSU
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unconstitutional. If it is based upon a probable cause then it would be constitutional.
The key to this issue is the definition of unreasonable searches and probable cause.
If I am acting strangely walking down the street is that probable cause? In today's legal environment probably not. But anyone who is a parent or has worked with children knows that realistically it is. If we change the accepted legal definition of probable cause then stop and frisk could be perfectly constitutional.