Police to Check Bags on NYC Subways ... 4th amendment anyone?

You're not giving up a right, because you have no right to ride the subway, it's use is a priviledge and requires that you conform to the rules pertaining to riding on it.


If you live in NYC and you are not wealthy, and you, like any normal human being, need to get around and don't own a car (which is exorbitantly expensive to park, fuel, and insure in NYC), YOU NEED to use the subway.

When the facts of everyday life dictate that you use something like the subway, that transforms using it from a "privilege" to a "right."


You seem creepily easygoing about ceding your 4th amendment rights for these bogus, warrantless searches. Why is that?

-blackmind
 
You're not giving up a right, because you have no right to ride the subway, it's use is a priviledge and requires that you conform to the rules pertaining to riding on it.

The rules of riding on the subway cannot abridge the Constitution, sorry. As a citizen you DO have a right to ride the subway if you follow the rules, but as a government-funded public service they have NO right to violate your constitutional rights.
 
exactly!~ i mean, i can't be the only one out there who rubs a dash of powder behind my ears and splashes some hoppes on my face before i go chase tail.


right?










c'mon guys, dont leave me hanging here.
 
Or you can walk, take a cab, car pool and split those expensive costs to own a vehicle...

Clearly arguing about rights with somebody who feels people have a right to ride a subway is rather pointless. I'm done with this thread.
 
So ATW, you are okay with the government whittling away at the number of travel options that don't involve you being extorted into giving up your protection against warrantless searches? You seem to be saying that.


I'm trying hard to follow your logic.

The government says that you have to allow yourself to be searched to travel X and Y. That leaves you Z. Um, what do you do if they decide, down the road, to also require the search before you travel Z?

And as long as they leave you option Z, they are not infringing on your rights?

That is JUST like saying that as long as they leave us single-shot .22 rifles, they have not infringed on our right to keep and bear arms.


ATW, are you pro-gun or anti-gun?
Are you pro-Constitution or anti-Constitution?
Are you pro-Individual Rights or anti-Individual Rights?

What I read so far sounds dishearteningly like you are okay with the erosion of our rights. I haven't been on this forum long, and I haven't researched your old posts, so I don't know what your historic position has been. So far, I find myself in disagreement with you.

-blackmind
 
You're not giving up a right, because you have no right to ride the subway, it's use is a privilege and requires that you conform to the rules pertaining to riding on it.
Here we go again.
- You are required to pay taxes to build highways, but using that which you have paid for is a "privilege";
- You are required to pay taxes to subsidize airports and Air traffic Control, but using that which you have paid for is a "privilege";
- You are required to pay taxes to run subways, but using that which you have paid for is a "privilege".

Hmm, what else? Schools? Health Care? Social Security? Can these not be considered tomorrow's "privileges"?

Laughable excuse, really. To call a "privilege", access to the most basic services necessary to sustain a living, after one has paid for their construction and maintenance, is simple horse puckey.
Rich
 
Don't bother us with your maudlin ramblings about CONSTITUTIONAL RIGHTS, can't you understand that it's all for your own good, or better yet, it's all for some conveniently unspecified greater good.
 
Or you can walk, take a cab, car pool and split those expensive costs to own a vehicle...

Clearly arguing about rights with somebody who feels people have a right to ride a subway is rather pointless. I'm done with this thread.

It's not nearly as pointless as arguing about rights with someone who evidently feels that ours are subject to the whimsy of the police state, or who feels we should err on the side of abridging rights rather than on protecting them.

Sickening and depressing.

-blackmind
 
Rights

I do not live in New York nor do I ride the subway when I am visiting in that area. Any action taken will not directly have an impact on me, but I do think it reasonable to take SOME ACTION to protect a rather obvious target. Hardening the target is pretty elementary stuff in the protection business and what the local government is attempting to accomplish is just that.

Will it accomplish anything? Who knows? But, given the situation, what action would those of you protesting this recommend? Installing explosive sensing equipment is not only very expensive but the manufacturers of this product are backordered into two years plus (but that is about the only thing that might really accomplish the mission); searching every package of every person is pretty far-fetched; maybe have all passengers carrying book bags or packages riding in separate cars? That way you could chose, "will that be the explosive section or the non-explosive section, Mr. 4th Amendment customer?" Please don't misunderstand, I am not making light of this, only trying to point out how difficult it is in a society that allows freedom of movement to combat terrorism.

I am one of those people that is called a "security professional". I do this stuff for a living and in the process I travel some by air and I know (as would any well trained potential terrorist) that most of the post 9/11 security measures were largely "feel good stuff". The level of expertise of airport screeners is certainly not inspiring, but, we have not had another hijacking!

The only problem that I have with the subway searches is the PC crap of not "profiling". Profiling is a legitimate method of finding potential terrorists (or suspects, or whatever - if you are looking for a white male in his mid 20s, you should not waste time with persons who obviously don't come close to that description. But that is another matter.

I think the original post had to do with 4th Amendment issues. I recommend you read the 4th Amendment (and the rest of them for that matter) before getting too worked up. A "Terry" stop has been legal for years!

The "violation" is largely one of "convenience". If you want to get worked up over something why not Kelo v. New London? That certainly has more potential impact on all of us.

Our world has changed and it is highly unlikely that it will return to what we knew 4 years ago. Basic values and constitutional rights should not change, but surely you can tolerate an "inconvenience" in some areas.

I know, now I can get ready for all the flack from those who will quote some of the Founding Fathers on liberty and suggest I be tarred and feathered. So be it.

John
Charlotte, NC
 
John wrote:
I do not live in New York nor do I ride the subway when I am visiting in that area. Any action taken will not directly have an impact on me, but I do think it reasonable to take SOME ACTION to protect a rather obvious target. Hardening the target is pretty elementary stuff in the protection business and what the local government is attempting to accomplish is just that.


John, do you honestly think that doing a search of what will amount to far less than 1% of the subway riders is "hardening the target"? Particularly when anyone who is carrying a bomb and suspects that he is about to be searched is said to have the right to turn around and walk away? (only to put his bomb somewhere else, or maybe leave it under a bench in the subway stop??)

Really, John, one would hope that your presence on this forum indicates you are smarter than to fall into the soccer-mom delusion that "ANYTHING" we do, regardless of how sensible or senseless, is "SOME ACTION" worthwhile.

There is no way you can convince me that "the local government" is hardening this target by instituting a feel-good bogus search that abridges 4th amendment rights and will end up searching ONLY THOSE WHO ALLOW IT TO HAPPEN (as if bombers will allow themselves to be searched, instead of maybe just blowing themselves up right there with the cop and anyone else who is nearby).

Employers who are looking for new recruits who can think logically and use sound judgment should really start to use examples like this as a sort of IQ test. It really does seem to cull the thinkers from the non-thinkers... :rolleyes:

-blackmind
 
i have said it before, i will say it again.

if we didnt allow every tom dick and harry into the country that wants to come, we wouldnt have to worry about terrorists, they cannot attack us from the middle east.
 
Turning Japanese

This is the first step down the slippery, sh*tty slope that we find "free" nations such as Japan at the bottom of. In Japan, the police have the power to stop and frisk anyone on the street they choose; the Japanese "citizen" does not have the right to refuse to be searched.

The Japanese police have the power to conduct "home safety inspections" twice yearly of each and every home in their precinct. They show up at the door, come in, look around and go through the closets and deawers as they see fit. Again, the Japanese "citizen" has no right to refuse.

Those of you who want to live like that - how about you pull up stakes and move to Japan where you'll be able to enjoy the sight of your wife or girlfriend
being groped up by the police in plain sight on the street.

As for the rest of us, we have this thing here in America called
ARTICLE FOUR OF THE BILL OF RIGHTS
that we take seriously.
 
Or you can walk, take a cab, car pool and split those expensive costs to own a vehicle...

Clearly arguing about rights with somebody who feels people have a right to ride a subway is rather pointless. I'm done with this thread.

But no no no. Under your theory you have no right to take a cab, car pool, or own a vehicle. These are all privileges under your theory. So once you get in that car and a cop decides he wants to search your bags, you must allow them or else you can just walk everywhere. Where does your insanity end?
 
9mm-
The Brit bombs were set by people who grew up there.
So was OKC.

However, tightening the borders would certainly make more sense than this non-sense.
Rich
 
I posted earlier that the use of dogs in Boston seemed ok to me. It ws pointed out that just carrying my SDW, or having taken the same bag to the range would cause problems. I stand corrected on this.

but

I do not live in New York nor do I ride the subway when I am visiting in that area. Any action taken will not directly have an impact on me, but I do think it reasonable to take SOME ACTION to protect a rather obvious target. Hardening the target is pretty elementary stuff in the protection business and what the local government is attempting to accomplish is just that.

Do you honestly believe that this is the only agenda here. As a "security pro", you should know not to look at this for just face value. An airline will take fingernail clippers from you, and still they serve champaigne in glass bottles. Even make the plane from aluminum parts that can easily be removed. All of this stuff has no real concern for safety. It goes far deeper than that.
 
This is feel good B.S., as long as the police can't search who they feel is a threat (Profiling being wtong and all :confused: ) and if they attempt to seach someone and they decline and leave, this totally worthless.

Heard this on a local radio talk show:
"Two arabic teenagers, both with backpacks go the subway. The police attempt to approa
 
John wrote:
I am one of those people that is called a "security professional". I do this stuff for a living and in the process I travel some by air and I know (as would any well trained potential terrorist) that most of the post 9/11 security measures were largely "feel good stuff". The level of expertise of airport screeners is certainly not inspiring, but, we have not had another hijacking!

You seem to shout this as though suggesting that there may well be a connection between the stuff you refer to as "feel-good" and the fact that we haven't had another hijacking.

Why?

Tests of the system have made it quite abundantly clear that determined evildoers could slip weapons and/or explosives past airport security by assorted methods. They have gotten dummy bombs through, and dummy weapons, to prove this.

Isn't it more reasonable to suspect that the greatest reason "they" haven't attempted another hijacking is because everyone in the U.S. knows to never again trust a hijacker to simply redirect the plane to a safe landing in an unplanned location? What hijacking would ever succeed now that the bluff has been exposed, and we are all going to treat a hijacker as a dire threat of death and deal with him accordingly, even if that exposes some on board the plane to risk of injury while subduing the would-be hijacker(s)? When there are 1-5 hijackers aboard a plane with 50-500 people on it, I'd say that "piling on" may be a good, practical, and in the end effective response.

The only problem that I have with the subway searches is the PC crap of not "profiling". Profiling is a legitimate method of finding potential terrorists (or suspects, or whatever - if you are looking for a white male in his mid 20s, you should not waste time with persons who obviously don't come close to that description. But that is another matter.

Why not say what we're all thinking? "If you are looking for a suspicious-looking middle-eastern man in his mid 20s, you should not waste time with..."? Why is it okay to substutite the sensitive ethnic group in question with "white males" all the time? Are you really that ridiculously PC?! :rolleyes: I'm offended every time a person is so "sensitive" to the sensibilities of EVERY OTHER ethnic or gender group that they substitute the hardy, nothing-bothers-him "white male" for their example. But I'm a white male, the only species on earth that it's fair to offend.


I think the original post had to do with 4th Amendment issues. I recommend you read the 4th Amendment (and the rest of them for that matter) before getting too worked up. A "Terry" stop has been legal for years!

I thought that "Terry stops" had to articulate some reason why the officer felt that a crime was in progress and that a weapon that could be used against the officer was in the subject's possession. Here you are arguing Terry stops... why? What relevance do they have to stopping ANYONE and/or EVERYONE, with NO reason to suspect anything?

The "violation" is largely one of "convenience".

If they required you to register and get a license before you could post your views here, that also would be a "violation" that is largely one of "convenience." Hey, eventually once the paperwork came through you'd be able to post. Sorry for the inconvenience during those 3-6 months when you could not post. But you eventually secured the use of your rights, so what's your beef?

Our world has changed and it is highly unlikely that it will return to what we knew 4 years ago. Basic values and constitutional rights should not change, but surely you can tolerate an "inconvenience" in some areas.

Yeah, fine, but the problem is, basic values and constitutional rights ARE being changed -- NOT for the better -- and this is not just far more than an "inconvenience," it's also bound to not accomplish a goddamned thing.

-blackmind
 
i have said it before, i will say it again.

if we didnt allow every tom dick and harry into the country that wants to come, we wouldnt have to worry about terrorists, they cannot attack us from the middle east.


Snoop, that's actually very hard to disagree with.


-blackmind
 
One way to an expose an argument of fallacy is to take it to its extreme and project the outcome.

So, how 'bout this:
The entire American Public votes in referendum to simply tear up the Bill of Rights. "Enough is enough...we need no rights at all, Mr. President. We trust our politicians. Now do whatever is necessary to keep us safe."

Does anyone believe, for one nano-second, that our grandchildren will be one bit safer as a result? Well, if it doesn't accomplish anything to give up Rights in total, why on earth would anyone believe it helps to have them ***taken*** piecemeal?

The calculus for the NY Subway proposal is quite simple: "you MAY be a little more safe from terrorists but you WILL be a little less safe from your government". I thought that debate had been resolved a very long time ago.
Rich
 
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