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Random Searches in the NYC Subways Begin

By Last Night in Little Rock, Section Civil Liberties
Posted on Fri Jul 22, 2005 at 05:45:13 PM EST
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posted by Last Night in Little Rock

The N.Y. Times and CNN report that random bag searches have begun in New York City subways as a response to the London Underground bombings.

Remember we all thought that the terrorists would win if our way of life changed? It has, and they are.

The OKC bombing was described by many post-conviction lawyers as "the crime that killed habeas corpus" because the following year it led to AEDPA, the Anti-Terrorism and Effective Death Penalty Act.

9/11 is the crime that killed the Bill of Rights. The USA PATRIOT Act is only a symptom. Now the disease is starting to consume the body.

"We're from the government and we're here to help you. Let's see your purse, granny. Assume the position, gramps."

< James Ujaama Questioned in London Bombing Attack | Imbecilic Comment of the Day >

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    Random Searches in the NYC Subways Begin | 14 comments (14 topical)
    Re: Random Searches in the NYC Subways Begin (none / 0) (#13)
    by yudel on Sat Dec 17, 2005 at 12:55:23 PM EST
    CSA? 1972? I'll confess to cluelessness on that (albeit with the alibi that I was 8 years old at the time). What was it, and how did it shred the constitution?

    Re: Random Searches in the NYC Subways Begin (none / 0) (#1)
    by scarshapedstar on Sat Dec 17, 2005 at 01:01:32 PM EST
    I'm sure many attacks will be foiled. Sadly, the government won't be able to tell us about them, for our safety. Because life is just like 24.

    Re: Random Searches in the NYC Subways Begin (none / 0) (#2)
    by Johnny on Sat Dec 17, 2005 at 01:01:32 PM EST
    Why does the subway hate America?

    Re: Random Searches in the NYC Subways Begin (none / 0) (#3)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:01:32 PM EST
    They already had canned announcements to that effect running on this evening's ride home. And I thought, it's come to this. Some stranger is allowed to paw through my purse for any reason that pops into his head, including just to mess with me. It's not only me, obviously. Pretty much everyone here rides the subway, at least occasionally. So it's all of us. Y'know, one of the reasons I was always proud to be an American was because we're supposed to be protected from this kind of crap. It's why people around the planet always looked to us. And this is window dressing--it isn't going to do a damn thing to make us safer.

    Re: Random Searches in the NYC Subways Begin (none / 0) (#4)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:01:32 PM EST
    I hate to be a wet blanket, but.... a spot check of bags going onto a subway is no more a 4th Amendment violation than spot checking bags going onto a plane. That said, I DO agree that this Administration has encroached on the bill of rights, and would eviscerate them, given a chance. But let's think things through and focus on REAL violations of the Constitution.

    Re: Random Searches in the NYC Subways Begin (none / 0) (#5)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:01:32 PM EST
    Note to those who are humor inclined: In this day in age of random bag searches and x-ray machines at the airport, it would behove one so comically inclined to purchase the largest dildo one can find and carry it in one's bag through all of these various search devices. I would especially love a chance to empty my bag out in line at the airport, giving me the opportunity to wave the dildo around and shout, "Oh, you mean this thing? You wanted to see this thing?" As loud as I could.

    Re: Random Searches in the NYC Subways Begin (none / 0) (#6)
    by roy on Sat Dec 17, 2005 at 01:01:32 PM EST
    a spot check of bags going onto a subway is no more a 4th Amendment violation than spot checking bags going onto a plane.
    Airport: private property (usually) NY subway: public property

    Re: Random Searches in the NYC Subways Begin (none / 0) (#7)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:01:32 PM EST
    Airport: private property (usually) NY subway: public property Yes, but in both it would be a gov't search - the one's doing the searching at the airport are feds (now). Don't think it would make a difference.

    Re: Random Searches in the NYC Subways Begin (none / 0) (#8)
    by Che's Lounge on Sat Dec 17, 2005 at 01:01:32 PM EST
    If AQ continues with their strategy, we should expect martial law to be declared by christmas.

    Re: Random Searches in the NYC Subways Begin (none / 0) (#9)
    by aahpat on Sat Dec 17, 2005 at 01:01:34 PM EST
    The police state reaction is always the first reaction for American politicians. If they can waste a few billion dollars at the same time on shiny machines doing the work stay dogs can do better they think America will content itself with shiny machines and fantasies of immortality. We were a police state long before 9/11. 9/11 is not the crime that killed the Bill of Rights. The CSA killed the Bill of Rights 33 years ago. The Patriot Act was simply shredding the final few tatters of the Bill of Rights not eviscerated long ago by the drug war prohibition policy. While I don't mind police looking for bombs and small scale WMD like hand guns, my issue with these searches is: will they be confined to anti personnel weapons or will police officers be taken off the front line to do hours of arrest paper work every time they see a bag of pot or some such? I mean look at the tens of millions of police man hours wasted today enforcing the drug war. We are at war and we have police chasing half wit dopers around the streets. Police doing 6 worth of arrest paper for each of 6-8 hundred thousand arrests for drugs each year. Police officers sitting for whole days at a time in courtrooms to testify in hundreds of thousands of drug cases. Look at idiot drug warrior Mark Souder two weeks ago during the budget hearings for Homeland Security. The idiot forced into the legislation money to train EVERY homeland security agent in drug interdiction tactics and policies. This means that borders agents who should be watching for bin Laden's maniacs are officially distracted looking for pot seeds and anti histamines. Stupid and wasteful. A direct and imminent threat to America's national security because it diverts limited national security resources in a time of war to unnecessary politically motivated social engineering domestic crime. Talking of the Fourth Amendment and airport security. How about that great Homeland Security bust of Dione Warwick for pot just after 9/11 in 2002. Big bad terrorist bust that day.

    Re: Random Searches in the NYC Subways Begin (none / 0) (#10)
    by kdog on Sat Dec 17, 2005 at 01:01:34 PM EST
    Absolutely right Little Rock, a victory for terrorists and the enemies of freedom. I'm beginning to understand there are just as many enemies of freedom here at home as there are overseas. True believers and defenders of freedom are few and far between. This policy is sad and cowardly...the best message we can send to terrorists is not to change our way of life. Our leaders don't seem to get it. For shame.

    Re: Random Searches in the NYC Subways Begin (none / 0) (#11)
    by kdog on Sat Dec 17, 2005 at 01:01:34 PM EST
    I forgot to add, I'd rather shed blood or even die than give up my freedom to travel freely. Who's with me?

    Re: Random Searches in the NYC Subways Begin (none / 0) (#12)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:01:34 PM EST
    The fourth amendment protects against an "unreasonable search." Searches in the public arena (for example a subway or public bus see Bond vs. United States April 17, 2000 and for general 4th amendment stuff We need to be prepared to get arrested. Legally. Calmly. Say- "I have been advised by an attorney not to be searched." If you are refused entrance to the subway, bring a civil suit against the city for denying you access to a public trust. I think we all assume that we are provided with a modicum of privacy of person while on our daily commute. If we sit back and allow them do this, if we find it reasonable, this unconstitutional policy will become defacto- not just here but everywhere, with less liberal forces armed with the indiscriminate ability to search whoever they want. This violates everything that our country is founded on and of which I am proud. Everybody get the name of a good lawyer or friend with a legal degree. Seriously. [links deleted, not in html format]

    Re: Random Searches in the NYC Subways Begin (none / 0) (#14)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:01:34 PM EST
    The Controlled Substance Act - the federal drug law.

    Random Searches in the NYC Subways Begin | 14 comments (14 topical)