Eric Dean Rasmussen Online

Friday, July 22, 2005

Random Searches on the NY Subways

The fallout from the London bombings continues: the NYPD begins random searches of subway passengers with bags and backpacks.

I don't see how these searches could be constitutional -- where's the probable cause? -- though I suppose if random traffic stops to check for intoxicated drivers are permitted, these searches will be allowed as well.

Of course, I'm all for making our public transportation systems safer, but I worry that the long-term effects on civil liberties will be dire. If these random searches are deemed constitutional, what sort of legal precedent will these searches establish?

One possible scenario: We the public will be subject to increased monitoring by the government, whose police powers will infringe upon the privacy rights that may become obsolete. At the same the federal government will continue to neglect and underfund public transportation in US urban centers.

A serious question: How will the NYPD insure that the searches will be truly random, as police chief Ray Kelly has promised?

The bottom line: If one of the terrorists' aims is to "attack our freedom and our Western way of life," as President Bush and others have suggested, then the implementation of random searches can be regarded as a victory for them.

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