Posted on 07/22/2005 11:06:07 AM PDT by BigFinn
Reacting to the NYPD's announcement Thursday afternoon that police would randomlybut routinelysearch the bags of commuters, one concerned New Yorker quickly created a way for civil libertarians to make their views black-and-white. In a few outraged moments, local immigrant rights activist Tony Lu designed t-shirts bearing the text, "i do not consent to being searched." The minimalist protest-wear can be purchased here, in various styles and sizes. (Lu will not get a cut. The shirts' manufacture, sale, and shipment, will be handled by the online retailer. Lu encourages budget-conscious New Yorkers to make their own and wear them everywhere.)
Police Commissioner Raymond Kelly had announced the legally obviousthat New Yorkers are free to decline a search and "turn around and leave." But Lu, who is a lawyer at Urban Justice Center, warned that even well-intentioned cops could interpret people's natural nervousness or anger as "reasonable suspicion." The possibility of unjustified interrogation and even arrest is real, Lu said.
Although police promised they would not engage in racial profiling, Lu said that, as with all street-level policing, people of color and poor immigrants would be particularly vulnerable, especially if encounters lead to arrests.
I've seen more undercover cops on those trains than I've ever seen in NYC. Probably the system is small enough so that they can use other defenses.
That makes me laugh for some twisted reason. :)
Everyone seems to be having a hard time figuring out a good way to deal with the terrorist threat without infringing on anyones rights. That sure does pigeon hole your options and every opportunity available is another door for a terrorist to walk through.
There has to be an answer, somehow.
A judge when the request for a search warrant is presented, or a peace officer when articulable probable cause or reasonable suspicion exists.
Yes...isn't that limited to roadblocks and tips on drunk drivers? Can this be used to frisk a ME man with a backback getting on a subway?
You can't possibly profile because just about everyone who rides the subway or bus looks suspicious (except for me, of course). And if you narrowed your search profile to Middle Eastern or Paki men under the age of 40 carrying a bag of some sort, you would still have to search a million people every day. And I don't think I've had a cab driver in the last five years who's name isn't Isham or Muhammad, and so while the cops are searching MTA riders, Mo pulls up in front of Grand Central Station at 8:30 a.m. in his yellow medallion cab packed with explosives and yells, "Ali Akbar" just before he wipes out a couple of hundred people
So, if you have say, pepper spray, or a 3.5" pocketknife, and Officer Friendly finds it, off to the paddy wagon - see you in court. Or, he simply confiscates it and once again you are left to fend for yourself with a sharpened eyeliner pencil.
I feel safer already.
You think it's unreasonable for the police to search backpacks of subway riders? So I guess you think it's unreasonable that someone might explode a backpack full of explosives in a subway car?
Gimme a break....
What's interesting about that picture is none of them have beards. I thought Muslims had a thing against shaving the beard.
I do.
So I guess you think it's unreasonable that someone might explode a backpack full of explosives in a subway car?
That would be very unreasonable, and that person would be a hideous bastard. Perhaps border control (which is 100% sonsitutional) would all put eliminate that probability.
Gimme a break....
Consider yourself broken.
When I was in London, I remember talking to one of the cops about some stuff, but he told me a funny story about some politician and a famous quote.
The politican told the press in regards to some law that the people wanted "The people have spoken....the bastards".
Same cop was pretty funny, but he though the whole thing about special training to carry a gun and being part of a special unit was absurd, but he made a joke about how criminals, who break the law, are sure going to respect gun control laws and the only thing keeping a criminal from trying to get a gun and kill him is that criminals obvious respect for the law.
I was cracking up.
Er, no.
Can this be used to frisk a ME man with a backback getting on a subway?
Sure. If the backpack smells funny or he's wearing a big coat in the middle of a heat wave or a bomb dog indicates on him, etc.
A Terry frisk, mind you. Which does not include the contents of the backpack. However, the entire point of RAS is build probable cause for a search or arrest.
A judge when the request for a search warrant is presented, or a peace officer when articulable probable cause or reasonable suspicion exists.
The order of the words in the fourth amendment is interesting. Probable cause applies to getting a warrant for search, but is separated from the first part of the paragraph. So, excluding the standard for a warrant, who defines unreasonable?
I feel the sudden urge to take a constitutional law class. I find this subject fascinating.
MetroRail carries in excess of 700,000 passengers on a typical weekday. (See website at www.wmata.com)
How does that compare to NY Subway?
I don't agree.
We best be gettin our bomb-sniffing dogs sniffin all day and breedin all night. ;-)
" I have found that 90% of people who call themselves "conservatives" are no such thing."
Amen, brotha!!!
Conservatism today has been redefined in such a manner that some here actually think the GOP is "conservative". That is so far from the truth, TRUE conservatives were our founding fathers. Niether party resembles those great men, our political system has been pulled so far to the left.
Night clubs are private entities. Subways are not.
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