https://www.law.cornell.edu/supremecourt/text/392/1
“Our evaluation of the proper balance that has to be struck in this type of case leads us to conclude that there must be a narrowly drawn authority to permit a reasonable search for weapons for the protection of the police officer, where he has reason to believe that he is dealing with an armed and dangerous individual, regardless of whether he has probable cause to arrest the individual for a crime. The officer need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man, in the circumstances, would be warranted in the belief that his safety or that of others was in danger.”
Like enforcing our immigration laws, only Donald Trump has the stones to say, “Enough”.
Thank you.
That was the part of one of the decisions that I had read last year on the topic.
I probably got linked to it by a FReeper.
All the Supreme Court cases that I am aware of are from the 1960’s so perhaps it does need to be revisted. Especially given that only around seven or eight (?) percent of the New York stops under Bloomberg actually resulted in a summons or arrest.