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NYers to NYPD: 'I Do Not Consent to Being Searched'
The Village Voice ^ | July 21st, 200 | by Chisun Lee

Posted on 07/22/2005 11:06:07 AM PDT by BigFinn


Spend $16.99 so you can wear this to your grave

Reacting to the NYPD's announcement Thursday afternoon that police would randomly—but routinely—search 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 obvious—that 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.


TOPICS: Culture/Society; Government; Miscellaneous; US: New York; War on Terror
KEYWORDS: baaaaa; libertarianfools; nonprofiling; nothintohidehere; nyc; nypd; sheeple; stupidliberals; tshirt; villagevoiceisarag; wot
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To: RedRover
Calling people "sheeple" is arrogant and offensive.

You're offended? I'm offended that Mayor Bloomberg doesn't trust me with a gun on his subway.

I'm offended that the leadership in NYC feel it's necessary to randomly search grandma's backpack for SEMTEX in order to promote the illusion of "security".

Sheeple is, as Sheeple does. Adams, Jefferson, Jackson would have none of it.

361 posted on 07/22/2005 12:47:27 PM PDT by xsrdx (Diligentia, Vis, Celeritas)
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To: durasell

Quote: I'm counting on the Mole People to come through for us!


That was a good movie for a 1950's b movie.


362 posted on 07/22/2005 12:47:54 PM PDT by superiorslots (Free Traitors are communist China's modern day "Useful Idiots")
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To: Alberta's Child
Part of the problem, though, is that while airlines are private entities, most airports are not. The interface between these two different entities is what introduces a very hazy area into the mix

Acknowledged.

363 posted on 07/22/2005 12:47:56 PM PDT by gdani (While terrorists are busy planning the *next* attacks we work to prevent their *previous* attacks)
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To: savedbygrace
Random searches are, without doubt, unreasonable, meaning it cannot be reasoned that they will detect bombers by random searches.

Therefore, they are a violation of the 5th Amendment.

I have to say that I agree with you, and that if they search a few people entering the subway they should have to search everyone.

I suspect that it will be defended on the same grounds that they use to randomly stop cars at DWI checkpoints though. It's sad that the terrorist scum is bringing us to this level. I just pray that we win the war in my lifetime.

364 posted on 07/22/2005 12:48:11 PM PDT by jpl
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To: ArrogantBustard

There are actually several thousand people -- nobody knows how many for certain -- living in the subway system. I've talked to cops who have gone down there and seen entire "compounds" with furniture and families. About two years ago I saw a "mole couple" emerge from the tracks under Penn Station.


365 posted on 07/22/2005 12:48:29 PM PDT by durasell (Friends are so alarming, My lover's never charming...)
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To: rawhide

And then the citizen files suit: unreasonable search without a warrant, and being denied a public accomidation without a breach of the peace.

And they will win, because the Constitution is NOT a "Living documents", it says, flat out, "no search and seizure without a warrant". . .


366 posted on 07/22/2005 12:49:34 PM PDT by Salgak (Acme Lasers presents: The Energizer Border: I dare you to try and cross it. . .)
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To: SandyInSeattle
It's too bad our security on our borders is not as good as it is at train and subway stations. What happens *if* and when shopping centers, malls, churches, and theater's are bombed? Seems to me, security should start right at our borders and with very strict, reformed immigration policies. I may be wrong, but it seems this should be our #1 priority.

If you get nothing else from this discussion, please get this:

THEY'RE ALREADY HERE...

OK, lets say we have several hundred, or thousand that are already here.

Are you suggesting we just continue to leave our borders, and immigration policies as they are?

367 posted on 07/22/2005 12:49:56 PM PDT by Black Tooth
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To: BigFinn
Wearing this t-shirt when traveling by air will guarantee a search. A off duty police officer wearing a t-shirt identifying him as a member of a police force from a city in CT was standing ahead of me in the security line at the Colo. Springs airport. The security people gave him the treatment, the only person selected to be given full scrutiny. Talked to him later and found out he was returning from a friends wedding and thought he might get a break if he wore the t-shirt ... didn't work.
368 posted on 07/22/2005 12:50:56 PM PDT by BluH2o
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To: Black Tooth

I never said that, nor will you ever hear me say it.

My point is that closing the border will not make the problem go away, as somebody further up the thread suggested.


369 posted on 07/22/2005 12:51:00 PM PDT by Not A Snowbird (Official RKBA Landscaper and Arborist, Duchess of Green Leafy Things)
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To: Stu Cohen
It is.

But you can either accept it in perpetuity, or like our forefathers, try to change it.

We've got about one hundred and fifty years of judicial mistakes to undo, then.

Because it all traces back to Lincoln when federal supremacy over the states was established.

Better get started.

If we followed your lead, we would be sipping tea at noon and saluting the Queen.

I'm compliant with police because common sense dictates that I behave accordingly. I also write letters to my Senators and Representatives, and badger the State Legislature no end.

Things have gotten bad in this country, but it would suck if everyone gave up. Even though I think they have, I like to hope they haven't.

Here's an essay a guy wrote on what the courts have gradually done to the First Amendment.

370 posted on 07/22/2005 12:51:27 PM PDT by George Smiley (This tagline deliberately targeted journalists.)
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To: RedRover
I'm typing this in New York City, a few blocks from Ground Zero, from the heart of a nation at war. I went through 9-11 and I am sick of reading comments suggesting that law enforcement in this city are somehow fascists and commie thugs

And I lived in NYC, had a front row seat for 9/11, know people who died, and had to wait hours before learning whether my wife was dead or alive.

And the problem isn't law enforcement (per se) it's the people who make the policies.

371 posted on 07/22/2005 12:51:46 PM PDT by gdani (While terrorists are busy planning the *next* attacks we work to prevent their *previous* attacks)
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To: Stu Cohen
In today's world, if one has nothing to hide....why not comply graciously w/LE?

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.

372 posted on 07/22/2005 12:51:46 PM PDT by the Deejay (THE LADY DEEJAY)
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To: Tactical
Just curious what is unreasonable about the police searching randomly

A random search means you have absolutely no reason to believe the citizen being detained has committed a crime. This is the very definition of unreasonable.

Its also incredibly ineffective. Do you think the Israelis primarily rely upon random detection of terrorists?

For those that want no searchs anywhere you need to get your heads out of your butts.

Look, if you want to repeal the 4th amendment, fine, there are ways to legally do so.

We need to secure our borders by putting US troops on them in patrols.

Never happen. The CongressCritters are counting on immigration to prevent our population and socialist ponzi schemes from collapsing.

ou can't tell me the FBI and CIA and NSA and all those agencies don't have a handle on who's who in the bad guy world.

Last time I checked the FBI had 3 opportunities to stop the 1st WTC bombing and botched every one of them.

373 posted on 07/22/2005 12:51:58 PM PDT by AdamSelene235 (Truth has become so rare and precious she is always attended to by a bodyguard of lies.)
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To: Drago

I have ridden the New York subways at least four times since the random searches were announced and have seen no searches at all.
Your point is what exactly?


374 posted on 07/22/2005 12:52:08 PM PDT by RedRover
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To: BigFinn

I won't be taking the subway anytime soon.


375 posted on 07/22/2005 12:52:09 PM PDT by cyborg (http://mentalmumblings.blogspot.com/)
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To: ctdonath2

The key word is "unreasonable" - I don't call stopping a bomber from killing people being an "unreasonable" request to randomly search backpacks.

Unless .. you'd rather be blown up ..??


376 posted on 07/22/2005 12:52:29 PM PDT by CyberAnt (President Bush: "America is the greatest nation on the face of the earth")
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To: Rightwing Conspiratr1

The mullahs do not shave beards...but mohamed told his punks to grow beards. But living in the west, they do not want to draw attention to themselves...they want to be blow themselves up as well as all the infidels.


377 posted on 07/22/2005 12:52:38 PM PDT by eleni121 ('Thou hast conquered, O Galilean!' (Julian the Apostate))
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To: SandyInSeattle
I never said that, nor will you ever hear me say it.

You said "they are already here".

So do you agree our border security and immigration policies should be dramatically reformed and increased?

378 posted on 07/22/2005 12:53:58 PM PDT by Black Tooth
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To: BigFinn

Racial profiling(especially at the borders) would save NYC from all this trash, but since NYC wants no racial profiling, they get this treatment. Maybe they will learn some day.


379 posted on 07/22/2005 12:54:18 PM PDT by LifeOrGoods? (God is not a God of fear, but of power, love and a sane mind.)
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To: the Deejay
If one refuses to be searched in an airport.....one does not get on the plane.

Airlines are private, subways are public. Like sidewalks. if they can leagally search you on the subway without probable cause, they can legally search you without probably cause on the sidewalk.

The 4th Ammendment prohibis that.

380 posted on 07/22/2005 12:54:53 PM PDT by Stu Cohen (Press '1' for English)
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