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 ...
The ACLU is playing a dangerous game. If many are killed in a terrorist subway attack many will blame them for blocking efforts (no matter how ineffective they might be) to protect the public. After that, to admit that you are a member of the ACLU will be to risk being assaulted or spit upon.
the law only applies to those unlawful
What is unreasonable, as implemented in NYC, is:
- Only a tiny percentage are searched
- Anyone chosen for search can decline and walk away.
This does ABSOLUTELY NOTHING FOR SECURITY.
If some nut wants to take a bomb onto a NY subway, he will probably not be chosen for search.
If the nut IS chosen for search, he just says "no", walks away, and tries again later, most likely not getting chosen for search the next time.
Why people think random checks, with the option to decline and leave, does anything for security is an absolutely astounding display of intellectual surrealism.
What, you think some bomber is going to consent to a search of his bomb-laden luggage when he has the option to just walk away and try again later? are y'all NUTS?
It is the opinion of the author of the short essay at the link posted that you give up your right to drive and travel when you ask for and receive a "license" from the state.
If you don't do that, they can't take it away.
Also, the state takes away rights of individuals all the time. Dozens of articles are posted on this forum daily proving that.
True. Not too long ago, "actual" crimes had to involve a convergence of malevolent behavior, culpable mindset, and damage to people or property. Not anymore.
I disagree. Ever since the authoritays put the smackdown on that one-woman crime wave, Martha Stewart, I've been able to sleep better at night.
Not to mention the 11-year-old female rock chucker.
Which is why left left keeps crying "hate speech!" when it comes to FR.
Which is why environmental regulations are so ridiculous, the chemicals in your garage are probably a federal felony.
Or if the ATF shows up before the EPA, they will be "bomb-making materials." The peroxide and nail polish remover in your bathroom will do nicely for that.
And don't even start about what part of "shall not be infringed" the Massuchetts police don't understand.
With a little bit of information about you, you could be made a felon in no time at all.
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