Posted on 08/04/2005 7:34:11 AM PDT by bobsunshine
The New York Civil Liberties Union will file suit against the city Thursday to keep police from searching the bags of passengers entering the subway, organization lawyers said.
The suit, which will be filed in U.S. District Court in Manhattan, will claim that the two-week old policy violates constitutional guarantees of equal protection and prohibitions against unlawful searches and seizures, while doing almost nothing to shield the city from terrorism.
It argues that the measure also allows the possibility for racial profiling, even though officers are ordered to randomly screen passengers. "While concerns about terrorism of course justify -- indeed, require -- aggressive police tactics, those concerns cannot justify the Police Department's unprecedented policy of subjecting millions of innocent people to suspicionless searches," states the suit, a partial copy of which was provided to Newsday.
Names of the plaintiffs -- subway riders who object to the searches -- were redacted in the copy, but are expected to be released Thursday morning.
A city Law Department spokeswoman said that since officials had not yet received the suit, she could not yet comment. The city is named as a defendant, along with the police department and Police Commissioner Ray Kelly. Thursday, before the suit was released, Kelly said that the searches were "just one more layer, one more tool." "No one thinks that will be the solution, but it does give a potential terrorist something more to think about," he said.
The civil liberties union has criticized the searches as over-reaching since Mayor Michael Bloomberg announced the measure on July 21, after terrorists targeted London's mass transit system for the second time in two weeks. It also calls the stops ineffective because terrorists can walk through entrances where police are not screening.
(Excerpt) Read more at nynewsday.com ...
Ok, I get it...He can't be American to ask this. He would know better... The diference between a right and a priviledge....
The second admendment guarantees the right to own a gun.. any law prohibiting a lawful citizen from owning a gun is unconstitutional. However, states can expound on those laws and restrict ownership... ie criminals.
Uh, no... and I am sensing that you aren't in understanding of our Constitution.
I suppose you also believe that there is an unenumerated Constitutional "right" to privacy, as was implied in Mapp, Roe, Lawrence, among numerous other decisions that were spawned by the judicial anarchy unleashed by the Warren Court.
TROLL!
Folks, how many sub-ways do we have in the red states? I think most of the sub-ways are in the blue states. I'm not planning on going to any blue states anytime soon and I'm never going to ride a sub-way. So I really don't care. Most of the donations to the ACLU comes from people in the blue states. Hell let them straighten things out themselves. When the the police stop having random searches and a bomb goes off in one of the sub-ways ( Its going to happen sooner are later). I promise you things will change. Just watch and see.
"Personally, I'd like to see you pulled over every day and have a cop try to trick you into consenting to a search of your vehicle."
This one isn't hard...to date, all the terrorists have been Muslim, even though all the Muslim's are not terrorist. The cops are not trying to "trick" you into consenting...apparently, you must look like a terrorist, therefore, they want to search you car. The police and the government are not doing their job if they are just singling out every 10th person (white people, old people, nuns, etc.) and conducting random searches. Personally, if it's white middle-aged men engaging in terrorism, I would have no problem complying with a search as frequently as the authorities feel necessary to ensure everyone's safety. We KNOW now what the terrorists look like and if they change their look, we should change our search criteria. Arab looking men in their 20's and 30's carrying back packs into subway stations or looking suspicious in other way should expect to be searched.
Congratulations! You're more qualified to sit on the Supreme Court than most of the current sitting justices!
He was being sarcastic, Zavien.
No sarcasm tag noted....
I figured as much anyway. He has been condescending from the beginning.
WOOOHOOO a winner!
Also, are you any relation to this particular lady?
To clarify, I don't see much of a problem with searching subway riders if we're going to continue searching people on government property. Not to say that I don't intensely dislike being searched OR being denied entry because I am carrying a firearm or a knife.
I am sensing you never actually sucessfully sensed sarcasm.
What do you mean by priviledge?
THIS arguement again!?
Just damn!
OK, let's try it again.
By obtaining a driver's license, you enter into a contract with the citizens of your community in order to use the public roads -- a priviledge. You agree to responsibly use a motor vehicle on said public roads.
That is not a right. Not by any stretch of the imagination.
And don't look too closely at those drinking laws.
They treat 18 year old adults differently from 21 year old adults. Let's see... where is the constitutional authority for THAT?
So you see how defective laws can be. If they can baldly treat two adults differently based on age, the law sausage factory clearly does not have the same quality control in place at the drafting of the Constitution.
So what other laws treat two adults differently? Can I get reduced sentences or fines for being a senior citizen?
I signed a contract? Really? Perhaps I could get a term sheet next time.
"So what other laws treat two adults differently? Can I get reduced sentences or fines for being a senior citizen?"
I'm not sure what you are getting at with this. The constitution doesn't set an age does it? So what does age have to do with anything.
To answer your question with one of many examples, if you were mentally unfit you are treated different come sentence time.
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