Terry v. Ohio, stop & frisk is constitutional. Any method can be abused.
In my opinion, Terry vs Ohio gives too much leeway.
The key phrase in Terry vs Ohio is “reasonable suspicion”. Exactly what is the difference between that and probable cause.
https://thelawdictionary.org/article/definitions-of-probable-cause-vs-reasonable-suspicion/
Reasonable Suspicion
Reasonable suspicion is a standard established by the Supreme Court in a 1968 case in which it ruled that police officer should be allowed to stop and briefly detain a person if, based upon the officer’s training and experience, there is reason to believe that the individual is engaging in criminal activity. The officer is given the opportunity to freeze the action by stepping in to investigate. Unlike probable cause that uses a reasonable person standard, reasonable suspicion is based upon the standard of a reasonable police officer.
My response was that police do not have the right to detain a person without probable cause, and then went on to explain that in the context of detaining people “because they want to”.
To often law enforcement engage civilians because they have the time and are encouraged by their supervisors to make “contacts”. In the course of these, identifications are checked, backgrounds warrant checks are done and the officer visually inspects for any criminal behavior. It’s a numbers game, they know they’ll come across, drugs, people with warrants, etc. Nothing found? You get a warning for a wide turn, tag light out and sent on your way.
I have friends who are cops and have watched this behavior and have been on the receiving end. Now they’ll say it catches bad guys.
It’s wrong.
I will admit there are times when police on patrol see crap and know somethings up. They don’t exactly know what’s going down but they know it’s not right.... these are the times when stop and frisk - stop and find out what the hell is going on is appropriate.