>>>the thing is that this "somebody" doesn't have to do a damn thing to be searched.
>>>
>>>I suppose that it would be more sensible to wait until he has shot up a gay nightclub before you search him....
>>
>>The nutcase who shot up a gay nightclub has nothing to do with stop and frisk. I suggest you look at the Fourth Amendment of the U.S. Constitution and explain why stopping someone for no reason is acceptable.
>
>Victor, you should note that stop and frisk was not stopped for being unconstitutional per se - there was an associated context of racial bias. The legal arguments on stop and frisk are NOT simple.

Yes I believe you are correct in this Kevin. It wasn't found unconstitutional because it violated the 4th amendment - it was stopped because it was unfairly being used to target minorities - and of course a bunch of incidents like the one I described. However if that had failed I suspect the ACLU would of taken the case and won it based on the 4th amendment rights because they would have a pretty darn good argument for it. But since the practice was stopped it didn't need to go that far.