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Hi all just looking through this article and some of the comments. With the Terry case it was about Reasonable Suspicion. I just don't see how you can argue that the NY frisks are legal. And they shouldn't be even if they try to even out the racial numbers by stopping white people more. You can make a valid argument that the Terry case was decided correctly but it is 100% clear that it has been abused and needs to be reigned in. Douglas dissent in Terry- "We hold today that the police have greater authority to make a 'seizure' and conduct a 'search' than a judge has to authorize such action. We have said precisely the opposite over and over again." (392 U.S. 1, at 37).
"To give the police greater power than a magistrate is to take a long step down the totalitarian path. Perhaps such a step is desirable to cope with modern forms of lawlessness. But if it is taken, it should be the deliberate choice of the people through a constitutional amendment." (392 U.S. 1, at 38).