What is the test for a section of the Alabama Civil Rights Act that allows a person to be stopped and searched by the police?

The Shuttlesworth court did note, however, that "it requires no great feat of imagination to envisage situations in which such an ordinance might be unconstitutionally applied." (Id.) In commenting upon the defects of the section if not construed narrowly, the court made the following interesting comments: "Literally read, therefore, the second part of this ordinance says that a person may stand on a public sidewalk in Birmingham only at the whim of any police officer of that city. The constitutional vice of so broad a provision needs no demonstration. It 'does not provide for government by clearly defined laws, but rather for government by the moment-to-moment opinions of a policeman on his beat.' Cox v. Louisiana, 379 U.S. 536, 579 (85 S.Ct. 453, 469, 476, 13 L.Ed.2d 471, 487) (separate opinion of Mr. Justice Black). Instinct with its ever-present potential for arbitrarily suppressing First Amendment liberties, that kind of law bears the hallmark of a police state." (382 U.S. at pp. 90-91, 86 S.Ct. at p. 213.)