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NYC sued over subway searches

By Last Night in Little Rock, Section Civil Liberties
Posted on Fri Aug 05, 2005 at 05:25:11 PM EST
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posted by Last Night in Little Rock

The New York Civil Liberties Union sued the City of New York on Thursday for random suspicionless searches of backpacks, bags and briefcases in the subway as reported here.

As a Fourth Amendment buff I'll be watching closely. NYC lost cases last year over its searching protestors around the Republican National Convention.

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    NYC sued over subway searches | 10 comments (10 topical)
    Re: NYC sued over subway searches (none / 0) (#1)
    by jimcee on Sat Dec 17, 2005 at 01:01:59 PM EST
    I think the NYCLU is a bit off base here but they are persuing the type of litigation that keeps the monetary contributions coming in to them. If they were searching anyone on the street without probable cause I would be concerned. Since you can choose to use the subway or not then I would suppose the same standards would apply to the subways that have already been approved by the Supreme Court for random checks on the highways for DWI. Don't get me wrong I do find it distirbing but at the same time if you don't want to be subject to search then find another conveyence otherwise stand on line in the same way you would when you enter any gov't building. G o through whatever search the police deem sufficient and go about your business. The airport security measures in place since 9/11 are no different. As a liberatarian it is a hard thing to swallow but at the same time I do understand the necessity. In a theoretical world I would be on the side of the NYCLU but in the real world I will have to except something less perfect.

    Re: NYC sued over subway searches (none / 0) (#2)
    by Randinho on Sat Dec 17, 2005 at 01:01:59 PM EST
    Since you can choose to use the subway or not then I would suppose the same standards would apply to the subways that have already been approved by the Supreme Court for random checks on the highways for DWI. Jimcee, Don't know if you live in New York City or not, but I do and have no choice. I don't own a car and I work down near Wall Street and live in Jackson Heights. It's about 10 miles from home so I can't walk it unless I get up at 4 a.m. and am content to get home at about 10 p.m. every day, not to mention the climate factors here. As for preventing anything from happening, it's really a waste of time. The station I get on in the morning has thousands of people going through it during rush hour alone. If someone wants to do something they will not try to call attention to themselves. The 9/11 hijackers blended in carefully even to the point of having lap dances at strip clubs. Remember, it's only bags being searched and as the announcement is read on the subway large bags and backpacks. One wonders what will happen during winter when people will be wearing heavy coats. I really think that this is being done merely to give the impression that something is being done.

    Re: NYC sued over subway searches (none / 0) (#3)
    by squeaky on Sat Dec 17, 2005 at 01:01:59 PM EST
    Jimcee- Imagine this: your city or town has a terror attack. The gov. or mayor or homeland sec. decides to check every fifth car for terrorists during rush hour, every day, by either closing down the highway to one lane, stopping cars on the entty ramp, or doing a check at the tolls. Your car is stopped. You are late to work and feeling uppity. They find a roach or a seed of pot because some one got into your car while it was parked. You are hauled off to a cell, no one is told and you are not allowed a phone call. While in Jail the terrorists blow up a few more bldgs in your home town, Do you think the traffic stops were a good thing? Go you think new more stringent measures will have to be adopted because these checks have not been effective? The NYC searcheds are ineffective window dressing. The NYCLU will most likely lose this one, because of precedent based on public saftey vs. 4th ammend regarding car searches. But can you relate to what it is like living NYC, and having this BS innefective search. Everyone loses here with this one. Yes, I am giving money to the NYCLU and you may thank me when thay take you away and no one is left but the ACLU to fight for your freedom.

    Re: NYC sued over subway searches (none / 0) (#4)
    by jen on Sat Dec 17, 2005 at 01:02:00 PM EST
    Yes, one can choose not to use the subway. Anyone scared to ride can easily find alternative transportation. Or keep their eyes and ears open. A gazzillion eyes and ears are better than worthless searches.

    Re: NYC sued over subway searches (none / 0) (#5)
    by Randinho on Sat Dec 17, 2005 at 01:02:00 PM EST
    Sorry, Jen, but I have to respectfully disagree on the subject of choosing not to use the subway, at least if you work anywhere other than midtown. Buses are also being searched and even if I had a car parking downtown is virtually impossible. I agree with the second part of what you said, however.

    Re: NYC sued over subway searches (none / 0) (#6)
    by roy on Sat Dec 17, 2005 at 01:02:00 PM EST
    Even if you can choose not to ride the subway, can you choose to stop paying taxes that subsidize(*) the subway and pay cops' and beurocrats' salaries? * I don't know whether the subway is actually subsized that way. Maybe it's paid for purely by riders.

    Re: NYC sued over subway searches (none / 0) (#7)
    by Randinho on Sat Dec 17, 2005 at 01:02:00 PM EST
    Roy, It's a combination of both, although fares make up the largest portion of the funding.

    Re: NYC sued over subway searches (none / 0) (#8)
    by jen on Sat Dec 17, 2005 at 01:02:00 PM EST
    The authorities apparently think that those who do not want their bags searched can easily find alternate transportation. So it *MUST* be easy. Right? They would never use a ridiculous excuse.

    Re: NYC sued over subway searches (none / 0) (#9)
    by jimcee on Sat Dec 17, 2005 at 01:02:01 PM EST
    RandyPaul, Actually I did used to live in NYC, well Hoboken, NJ (when it was cheap, showing my age) and used to take the PATH train daily to work. I also used to ride a bicycle when I could and yes I do understand how hard it is to commute in NYC if you're a working class smuck without using the MTA. Are the searches a farce? Probably but they really aren't that obtrusive either but they are legal. Again it is a public conveyence in the same way as a highway is and so the same rules apply whether you or I agree with them or not. Unfortunately the NYCLU lives in a perfect theoretical world, the rest of us live in the world as it is WOT and all.

    Re: NYC sued over subway searches (none / 0) (#10)
    by squeaky on Sat Dec 17, 2005 at 01:02:01 PM EST
    yeah Disneyland

    NYC sued over subway searches | 10 comments (10 topical)