I think there is a bigger problem here involving illegal search and seizures.. For stop and frisk (someone correct me if I'm wrong) they need "reasonable suspicion" but a stop and frisk they can't dig into your pockets and stuff, they can only pat you down, for a full search you need probable cause, my point is that it doesn't even really matter because a cop can make up whatever he wants to justify both those situations. He can just say "I SMELLED WEED!" to search you. It may, or may not have been true but it gave him probable cause. Just straight circumventing the 4th amendment