Posted on 08/11/2006 2:25:39 PM PDT by SmithL
A federal appeals court said Friday that random bag searches on New York subways are constitutional, agreeing with a lower court that the police tactic is an effective and minimally invasive way to help protect a prime terror target.
The 2nd U.S. Circuit Court of Appeals rejected a challenge to the searches by the New York Civil Liberties Union, saying U.S. District Judge Richard M. Berman properly concluded in December that the program was "reasonably effective."
Searches on the nation's largest subway system began after the deadly terrorist bombings in London's subways in July 2005. The NYCLU sued, arguing that they were an unprecedented intrusion on privacy that terrorists could easily evade.
The appeals court said Berman properly concluded that preventing a terrorist attack on the subway was important enough to subject subway riders to random searches.
The three-judge panel also noted police have thwarted plans for New York subway attacks at least twice in the last nine years, including a bomb plot in 1997 in Brooklyn and a 2004 plot to bomb the Herald Square subway station. It was "unsurprising and undisputed that terrorists view it as a prime target," the court said in its opinion.
City officials noted that the ruling came a day after British officials announced they had foiled a plot to bomb several planes headed for the U.S., underlining the importance of counterterrorism efforts.
"Common sense prevailed," Police Commissioner Ray Kelly said.
(Excerpt) Read more at sfgate.com ...
Drug dealers are going to have to rely on mopeds to get around the city now.
As long as it's not American citizens being searched...It'd be nice if we actually searched those who are more inclined to be a terrorist, somehow tho I think they will be the least searched in order to not offend.
I understand your sentiment, but some Muslims are American as well.
Do we skip them too?
They use bicycles already. For this minor inconvenience to drug dealers I'm glad we only needed to give up the Fourth Amendment. Odd though, I don't remember the repeal process, must be my faulty memory.
It's only legal if the offizer says "Your papers please".
ACLU, like all the left, wants terrorist attacks to happen.
I'm more willing to close our borders to Muslims than to give up my right to move about freely. Why not stop those who are doing the harm in the world and they pay the price for what they create (by not being allowed in the US)instead of all us citizens losing our rights piece by piece in the name of protecting us.
I'm getting a little tired of paying the price for the actions of others.
random searches will stop suicidal maniacs from detonating bombs ? how ?
If 50% of the people "randomly" searched were males of Middle Eastern descent between the ages of 15 and 50, I'd be okay with the minor inconvenience.
But if the random searches were not directed at likely profiles, then it isn't likely to deter the terrorists much. And less invasive methods need to be explored, such as chemical sniffers, bomb sniffing dogs, and regular patrols whose presence alone will initially be a deterrent effect.
Beats me, I'm just required to obey the orders of my Goverment. *Shaking head*
Because they are not profiling this is a gross 4th Amendment violation. A profile would give probable cause; no profile, no probable cause.
you have it backwards - the only reason these are constitutional is BECAUSE they are random. if we used profiling, the federal courts as currently constructed, would toss it.
I agree with your second point, but not the first. the 4th protects you from unreasonable searches - and this isn't one of them.
I'm curious, what makes a random search on the subway "reasonable"?
Sidewalks are "public" as well. I bet the PTB would be "reasonably effective" in stopping crime with random sidewalk searches.
Since when was "well, it works" a good reason to blow off the 4th amendment?
my guess is that the only thing harder than being a citizen of NYC is being one of our cops.
Since we turned the judiciary into a priesthood.
I think it's a human nature thing.
If you are in a position till death no matter what (impeachment, yeah right!) and your pronouncements are the law of the land, you tend to think of yourself as king.
Only those who understand the importance of humility will not succumb.
Unfortunately humility is becoming an archaic trait.
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