Post by Shuftin on Jul 29, 2006 23:34:38 GMT -5
The Citizen's Guide to Refusing New York Subway Searches
In response to the recent London terror attacks, New York police officers are now conducting random searches of bags and packages brought into the subway.
While Flex Your Rights sees no evidence that these searches will reduce the terror threat, we have serious concerns that this unprecedented territorial expansion of police search powers is doing grave damage to people's understanding of their Fourth Amendment protections against unreasonable searches and seizures.
In addition, as innocent citizens become increasingly accustomed to being searched by the police, politicians and police agencies are empowered to further expand the number of places where all are considered guilty until proven innocent.
Fortunately, this trend is neither inevitable nor irreversible. In fact, the high-profile public nature of these random subway searches provides freedom-loving citizens with easy and low-risk opportunities to "flex" their Fourth Amendment rights by refusing to be searched.
If you're carrying a bag or package into the subway, here's what you need to know and do in order to safely and intelligently "flex" your rights:
When Refusing a Search, Be Cool
If you choose to walk through a random search area and are stopped, you may refuse to be searched. In fact, Police Commissioner Raymond Kelly has said that you are free to "turn around and leave" any subway system where police are conducting random searches.
So if you are stopped, remain calm and courteous. And don't ever -- under any circumstances -- talk back or raise your voice to the police officer. You have nothing to gain -- and everything to lose -- by escalating the hostility level of the encounter.
Calmly and clearly say "Officer, I do not consent to any searches. I'm going to exit the station." Then immediately exit the station -- and do not return through the same entrance.
Refusal is Not Guilt
The police directive states that individuals who refuse to be searched can leave the subway system, and that such a refusal "shall not constitute probable cause for an arrest or reasonable suspicion for a forcible stop."
Warning: If you refuse to be searched and attempt to enter the turnstile anyway, you may be arrested.
Shut Your Mouth and Your Wallet
Some media reports state that police are requesting identification and in some cases immigration papers.
You do not have to answer any police questions or give any information -- including your name, ID citizenship or immigration status -- whether or not you consent to a search. But remember, anything you say can be used against you.
Do Not Physically Resist
Again, it is illegal for police to search, detain, or question you just because you refuse a search. But if the police proceed to detain, search, or arrest you despite your wishes -- do not physically resist. You may state clearly but non-confrontationally: "Officer, I am not resisting and I do not consent to any searches."
WARNING: DO NOT RUN!
If you refuse to be searched and run into the station, you could be shot to death! In July, an innocent man was shot in the head by police in a London subway station. The man had reportedly run away after being approached by an undercover officer.
UPDATE: New revelations have proven that the victim, Jean Charles de Menezes, had already been restrained by a surveillance officer before being shot seven times in the head and once in the shoulder. Regardless, if you're approached by anyone suspicious in the subway, walk to the nearest uniformed officer for help -- but don't run away.
Report Abuses
If you believe your rights have been violated, don't argue with or threaten police. Again, state clearly but non-confrontationally that you do not consent to what the police are doing. Ask any witnesses for their names and phone numbers.
Write down the officer's name and badge number and everything you remember as soon as possible. Discuss the matter with a lawyer afterwards or file a complaint with the Civilian Complaint Review Board.
Also, you should fill out the NYCLU's bag search survey. They are collecting information on police searches in the mass transit system and intend to use the information to possibly challenge the constitutionality of these random searches.
Spread the Word!
Forward this guide to others and pass out our double-sided half-pageThe Citizen's Guide to Refusing New York Subway Searches Flyer to subway riders.
In response to the recent London terror attacks, New York police officers are now conducting random searches of bags and packages brought into the subway.
While Flex Your Rights sees no evidence that these searches will reduce the terror threat, we have serious concerns that this unprecedented territorial expansion of police search powers is doing grave damage to people's understanding of their Fourth Amendment protections against unreasonable searches and seizures.
In addition, as innocent citizens become increasingly accustomed to being searched by the police, politicians and police agencies are empowered to further expand the number of places where all are considered guilty until proven innocent.
Fortunately, this trend is neither inevitable nor irreversible. In fact, the high-profile public nature of these random subway searches provides freedom-loving citizens with easy and low-risk opportunities to "flex" their Fourth Amendment rights by refusing to be searched.
If you're carrying a bag or package into the subway, here's what you need to know and do in order to safely and intelligently "flex" your rights:
When Refusing a Search, Be Cool
If you choose to walk through a random search area and are stopped, you may refuse to be searched. In fact, Police Commissioner Raymond Kelly has said that you are free to "turn around and leave" any subway system where police are conducting random searches.
So if you are stopped, remain calm and courteous. And don't ever -- under any circumstances -- talk back or raise your voice to the police officer. You have nothing to gain -- and everything to lose -- by escalating the hostility level of the encounter.
Calmly and clearly say "Officer, I do not consent to any searches. I'm going to exit the station." Then immediately exit the station -- and do not return through the same entrance.
Refusal is Not Guilt
The police directive states that individuals who refuse to be searched can leave the subway system, and that such a refusal "shall not constitute probable cause for an arrest or reasonable suspicion for a forcible stop."
Warning: If you refuse to be searched and attempt to enter the turnstile anyway, you may be arrested.
Shut Your Mouth and Your Wallet
Some media reports state that police are requesting identification and in some cases immigration papers.
You do not have to answer any police questions or give any information -- including your name, ID citizenship or immigration status -- whether or not you consent to a search. But remember, anything you say can be used against you.
Do Not Physically Resist
Again, it is illegal for police to search, detain, or question you just because you refuse a search. But if the police proceed to detain, search, or arrest you despite your wishes -- do not physically resist. You may state clearly but non-confrontationally: "Officer, I am not resisting and I do not consent to any searches."
WARNING: DO NOT RUN!
If you refuse to be searched and run into the station, you could be shot to death! In July, an innocent man was shot in the head by police in a London subway station. The man had reportedly run away after being approached by an undercover officer.
UPDATE: New revelations have proven that the victim, Jean Charles de Menezes, had already been restrained by a surveillance officer before being shot seven times in the head and once in the shoulder. Regardless, if you're approached by anyone suspicious in the subway, walk to the nearest uniformed officer for help -- but don't run away.
Report Abuses
If you believe your rights have been violated, don't argue with or threaten police. Again, state clearly but non-confrontationally that you do not consent to what the police are doing. Ask any witnesses for their names and phone numbers.
Write down the officer's name and badge number and everything you remember as soon as possible. Discuss the matter with a lawyer afterwards or file a complaint with the Civilian Complaint Review Board.
Also, you should fill out the NYCLU's bag search survey. They are collecting information on police searches in the mass transit system and intend to use the information to possibly challenge the constitutionality of these random searches.
Spread the Word!
Forward this guide to others and pass out our double-sided half-pageThe Citizen's Guide to Refusing New York Subway Searches Flyer to subway riders.