Skip to comments.Judge: Searches of bags in subway is constitutional (ACLU Loses)
Posted on 12/02/2005 9:54:26 PM PST by Jay777
Random police searches of riders' bags to deter terrorism in the nation's largest subway system do not violate the Constitution and are a minimal intrusion of privacy, a federal judge ruled Friday. "The risk of a terrorist bombing of New York City's subway system is real and substantial," U.S. District Judge Richard M. Berman said in a 41-page ruling tossing out a lawsuit brought by the New York Civil Liberties Union.
Citing testimony that up to 50 percent of terrorist acts were directed at transportation systems, he said the need to implement counterterrorism measures was "indisputable, pressing, on-going and evolving." He called the searches effective.
The Manhattan ruling came hours after Berman heard closing arguments in the lawsuit filed in federal court in Manhattan on behalf of several subway riders.
The judge said he had no doubt that the random searches were a reasonable method of deterring and detecting a terrorist attack. He credited testimony by police officials who said the policy might lead terrorists to choose a different target.
"Because the threat of terrorism is great and the consequences of unpreparedness may be catastrophic, it would seem foolish not to rely upon those qualified persons in the best position to know," Berman said.
In its lawsuit, the NYCLU said sporadic police searches which began in July following deadly mass transit bombings in London subjected innocent riders in New York to pointless and unprecedented invasions of privacy.
NYCLU Legal Director Christopher Dunn said: "We remain confident that this program is unconstitutional and we intend to appeal immediately."
"Common sense prevails," police Commissioner Ray Kelly said after the ruling.
(Excerpt) Read more at nydailynews.com ...
Searching bags doesn't do a thing to stop a jihadi with a bomb belt.
It does if they find the bomb belt, now doesn't it?
Regardless, the ACLU lost this one.
Another loss for the common man and woman...and baby. heh
Police State well under control.
Deborah Davis in Denver is a dead duck.
Judge Berman is a 1998 Clinton appointee
All he's got to do is put it on.
They'd have a far better success ratio by simply searching anyone who looks like they could be a Muslim, and decent folks wouldn't need to be suborned into this charade.
If there were a practical benefit to the bag searches then it would be another story. But if you think that such searches will do a thing to keep a bomb off the subway, then you don't understand the NYC subway system. There are way too many entry points and way too many station and way too many passengers.
If there is any doubt that the ACLU is helping terrorism, it can`t get anymore obvious than this. I live in NYC and nobody gives a damn about having their bags searched, matter of fact I was watching the local news here in NYC one night and they interviewed a bunch of people on the subway who welcomed it. Just curious, are the names of the "several subways riders" the ACLU supposedly are representing named "Mohammed, Mohammed, and Mohammed"?
So to understand, an organization that (for once) is defending the 4th Amendment to the Constitution is 'helping terrorism'. Right...
'Conservatism' sure has come far hasn't it? Tell me, what exactly wouldn't you sell down the river in your personal quest to feel warm, fuzzy, and safe?
matter of fact I was watching the local news here in NYC one night and they interviewed a bunch of people on the subway who welcomed it.
Considering the idiots in this nation of states that believe everything the government tells them, that sentiment wouldn't suprise me in the least
Government is watching.
The ACLU loves terrorists, they've proven it again and again. They also love to defend any criminal acts that make most cringe.
3. Concerned about personal Liberties
4. Nor preserving the American Union
In my opinion they are amongst the list of Enemies of the State right up there with John Kerry and his ilk who has relentlessly tried with various success to destroy the culture, the intel services, the military and traditional conservative family values.
If these were different times, I might agree about police searches being intrusive; secure in my person, and all that Bill O'Right stuff.
But, have you noticed that there is this international network of ideologs bent on our total obliteration? That part kind of worries me more than random searches, as I move about public places (the subway).
The above opinion was given with all due respect to you.
(PS: I do like the fact that the NYACLU lost)
What are you talking about "What this government tells them"? Try watching people fall out of the WTC on fire like I did and ask me if I give a damn about having my bag searched on the subway. This isn`t about the 4th amendment, it`s about common sense. I find it curious that this same ACLU that is all upset about this bag search seemed to have no problem when Elian Gonzales was kidnapped at gunpoint.
On that last point - Game, set, match to WillamShakespeare
I couldn't agree with you more.
It's the cop on the beat mentality,
"What you got in the bag son? Mind if I take a look?"
Honest folk appreciate being protected from the scum who'd wreak mayhem on our way of life.
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