My first thought exactly.
Someone not breaking a law, or suspected of breaking a law should not need a cops "consent" to let them on the subway.
"Hey officer, do you mind if I take a dump? I'll let you see the thong underwear I just bought from Victoria Secret if you give me your consent".
Come on, you aren't supposed to need cops "consent" in a free country to do something as necessary as commuting.
At airports, one does not have a choice, in order to commute, does one?
If one refuses to be searched in an airport.....one does not get on the plane.