New York State Deploys National Guard to NYC Subways to Fight Crime (Bloomberg)
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Re: New York State Deploys National Guard to NYC Subways to Fight Crime (Bloomberg)
#2> The National Guard members will conduct random bag checks on passengers
I'm not asking this out of disbelief, but just out of genuine curiosity: What is the legal foundation that allows them to randomly search people who are simply going about their day? What happens whenever people say "no, you can't search my bag." ?
Re: New York State Deploys National Guard to NYC Subways to Fight Crime (Bloomberg)
#3> The National Guard members will conduct random bag checks on passengers I'm not asking this out of disbelief, but just out of genuine curiosity: What is the legal foundation that allows them to randomly search people who are simply going about their day? What happens whenever people say "no, you can't search my bag." ?
I am not a lawyer, but I agree, this seems to be on questionable legal footing...
Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Re: New York State Deploys National Guard to NYC Subways to Fight Crime (Bloomberg)
#4> Hochul said she chose to use state resources rather than pay for NYPD overtime to beef up transit patrols.
> “I’m going to be responding to many, many needs of the mayor and the city of New York in our budget,” Hochul said. “And so I said, ‘I can do something more immediate than a budget request, I can give you bodies right now.’ And I think that actually puts us ahead of the game.”
Re: New York State Deploys National Guard to NYC Subways to Fight Crime (Bloomberg)
#5> The National Guard members will conduct random bag checks on passengers I'm not asking this out of disbelief, but just out of genuine curiosity: What is the legal foundation that allows them to randomly search people who are simply going about their day? What happens whenever people say "no, you can't search my bag." ?
What happens is they deny you access to the subway.
From an NYT article about court decision in 2006, at https://www.nytimes.com/2006/08/12/nyregion/12search.html
> Passengers can refuse to open their bags and walk away, but they cannot go through the turnstile to the trains with bags they did not allow the police to search.
Re: New York State Deploys National Guard to NYC Subways to Fight Crime (Bloomberg)
#6> The National Guard members will conduct random bag checks on passengers I'm not asking this out of disbelief, but just out of genuine curiosity: What is the legal foundation that allows them to randomly search people who are simply going about their day? What happens whenever people say "no, you can't search my bag." ?
Possibly this:
https://www.nyclu.org/en/cases/macwade-v-kelly-challenging-n...
> This case involves the NYPD's practice of stopping and searching subway goers without just cause. On July 21, 2005, the NYPD announced that it would begin a new program of searching the belongings of those seeking to enter the subway system. Since the program was implemented, the NYPD has searched tens of thousands of people without any suspicion of wrongdoing. On Aug. 4, 2005, the NYCLU filed a complaint in the District Court on behalf of five individuals. The complaint alleges that the NYPD program violates the Fourth and Fourteenth Amendments...
> On Dec. 7, 2005, the District Court ruled in favor of the defendants and refused the plaintiffs’ request for a permanent injunction. The decision stated that the random subway search program was not “impermissibly intrusive” and was constitutional. The NYCLU appealed to the United States Court of Appeals, Second Circuit. On Aug. 11, 2006, the Second Circuit upheld the District Court decision, stating that the program constitutes the “special need” exception to the Fourth Amendment.
Re: New York State Deploys National Guard to NYC Subways to Fight Crime (Bloomberg)
#7> The National Guard members will conduct random bag checks on passengers I'm not asking this out of disbelief, but just out of genuine curiosity: What is the legal foundation that allows them to randomly search people who are simply going about their day? What happens whenever people say "no, you can't search my bag." ?
This is a guess, but authorities are allowed to search you on airplane. This might be a mass transit exception.
Re: New York State Deploys National Guard to NYC Subways to Fight Crime (Bloomberg)
#8> The National Guard members will conduct random bag checks on passengers I'm not asking this out of disbelief, but just out of genuine curiosity: What is the legal foundation that allows them to randomly search people who are simply going about their day? What happens whenever people say "no, you can't search my bag." ?
The same one that lets them search you at airports. You can say no, but then you cannot board the train.
Re: New York State Deploys National Guard to NYC Subways to Fight Crime (Bloomberg)
#9> The National Guard members will conduct random bag checks on passengers I'm not asking this out of disbelief, but just out of genuine curiosity: What is the legal foundation that allows them to randomly search people who are simply going about their day? What happens whenever people say "no, you can't search my bag." ?
Possibly this: https://www.nyclu.org/en/cases/macwade-v-kelly-challenging-n... > This case involves the NYPD's practice of stopping and searching subway goers without just cause. On July 21, 2005, the NYPD announced that it would begin a new program of searching the belongings of those seeking to enter the subway system. Since the program was implemented, the NYPD has searched tens of thousands of people without any…
I think that legal argument is that they’re protecting a transportation system and it’s users against violent attacks.
Re: New York State Deploys National Guard to NYC Subways to Fight Crime (Bloomberg)
#10It's interesting to see how the pushback to this is a lot more muted than when Bloomberg implemented stop & frisk for largely the same reasons.