Originally Posted by bocastephen
A person can stand on public property and look at whatever he/she wants, as long as their actions do not harm or threaten another person. However, what does standing on the sidewalk at 1am have to do with stopping profiled motorists on the highway and searching their cars for no reason other than the 'appearance of suspicion'? What would it have to do with profiling people in airports? I think I missed the connection between our posts.
You mischaracterize the procedures of profile stops to deter narcotics trafficking. First, stops are not made purely on profile. They are made for legitimate traffic violations. Granted, the officer might not stop a non-profiled vehicle for the same violation, but probable cause is still required.
Secondly, absent probable cause to search the vehicle, most searches were "consent" searches, where the motorist gave permission for the search. If the motorist doesn't know enough to say, "No officer, I don't want you to search my car. May I go now?" I think that's their problem.
But, to bring the examples together, if you saw an unfamiliar person loitering in front of your house at a late hour, I think you would be uneasy about it, and you would be justified in feeling that way. And I, as a cop responding to that call, would try and have a chat with the individual. Most people would view that as a legitimate function of the police. If you choose to regard it as a constitutional affront and decide to hire an attorney for the poor put-upon prowler/peeping tom, that's your privilege. People invest money and time in silly things all the time.