I am curious as to what rights I have regarding this whole random search thing that is going on. Somewhere I read that you have the right to not give consent to the search. On the other hand I heard that the subways are considered private property so basically they can have more rules compared to other places.
If I have the right to reject a random search what will the police do?
Thanks for your help.
From I’ve seen on TV (I get New York network channels on satellite), if you don’t want to be searched, you will be directed to leave the station.
I doubt your rights have anything to do with you being a New Yorker. Probably everyone is having their rights violated. I remember in the last millenium going over to Canada never worrying about my rights. Just go across the border, don’t make a jerk of myself, and who would care? I would never even dare today to think of looking at the Detroit skyline from Windsor.
I’ve yet to have problems using the bus system here in Central Michigan. Perhaps I should be very afraid?
I’m going to Canada next Wednesday, eh? Hope it’ll be OK. Driving across the border in Maine.
I am in NY and took three different subway trips today FWIW. Yesterday I went to the gym and took two different ones with my giant backpack with gymclothes. Never got stopped, even though I passed through Grand Central twice.
As for the searches, whole lotta nothing, really. This article was also posted in the Pit thread. Nobody likes to have their bag searched, but you know what–the people who killed 2700 people in our fair burg have blown up or tried to blow up eight subway trains in the past month. Let’s get real.
The New York Civil Liberties Union (NYCLU) thinks these searches are unconstitutional. Then again police road blocks to catch drunk drivers has been help up by the courts as ok so who knows? Last I heard the NYCLU was looking into suing New York over this but I have not heard if they have gone through with it yet or not.
As mentioned you can refuse to be searched but will be told to leave. What I do not get is how this helps anything. Assume suicide bomber with bombs in his backpack enters a station and they want to search him. He refuses, they tell him to leave and he walks to the next station down the line until he comes across one where they don’t bother searching him. IMO this is one of those “feel good” things government does to look like they are doing something while actually providing little to no benefit whatsoever.
Oh yeah, the report did mention that if they find anything else illegal, they will act upon it.
rfgdxm: Sorry, I just wrote “New Yorker” so that people helping me out with the question would know where I was talking about since laws differ from state to state.
Thanks for your responses everyone.
Be afraid. Be VERY afraid. I’d never dare go to Canada again. It used to be so easy. “Citizenship?” Reply “USA”. Including passengers who reponded “Nigeria”, and we were ignored. The Nigerians had passports handy, but just slid across the border with me. We were just crossing to have fun and spend our US dollars there. “Take your filthy US money away” wasn’t the response.
Simple answer, folks: If they stopped and searched even 1 in 5 people with big-ass backpacks, subway entry would slow down so drastically there’d be mayhem in the streets anyway.
I suspect much the same would result if they stopped every New Yorker who was acting strangely in clothing too heavy for the season.
This web site turned up a few days after the searches began.
Good links. Thanks.