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All this recitation of case citations is not at all relevant to the discussion at hand. None of that information can be used by the motorist on the street who is staring down the barrel of a 3-cell mag light at 23:48 hours on the side of the road. Even if the motorist thinks he has all the relevant cases in his favor down pat, and can recite them perfectly, the officer isn't going to care, and the motorist still doesn't know if there might be some recent court decision that will trump the decisions he's familiar with. The motorist is simply imtimidated by the officer because he's an officer, and has the power to legally make the motorist's life miserable even though no crime was committed.
Cops just should not be shaking people down, even if the courts approve of the procedure with which the shake is performed. It's the attitude of the police that needs to be changed. Just because you have the authority to perform a certain action, does not mean that action is moral or correct, or that you should take every opourtunity to exercise your authority in that area.
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