Post by KC on Dec 8, 2005 1:07:59 GMT -5
Random searches without warrant, without cause for suspicion ruled OK
Dec. 3, 2005 - Random police searches of subway 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 dismissing a lawsuit filed 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 for counterterrorism measures was "indisputable, pressing, ongoing and evolving." He called the searches effective.
Berman issued the ruling hours after hearing 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 cited 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.
"We remain confident that this program is unconstitutional, and we intend to appeal immediately," said Christopher Dunn, NYCLU legal director.
Mayor Michael R. Bloomberg welcomed the ruling. "We have an obligation to keep this city safe, and the [New York Police Department] will continue to use reasonable precautions like bag searches to do so," he said.
Under the program, officers permit people to refuse inspection and leave the transit system. Officers are instructed to limit inspection to what is necessary to be sure a backpack or other large container does not contain an explosive device.
On Nov. 14, the police department began a test project to determine the feasibility of using explosive-detection technology in subways that would do an instant analysis of chemicals on the surface of backpacks or other containers.
In her closing argument, Gail Donoghue, a city lawyer who argued the case, called the searches a "life and death" necessity and said the city should not wait for a specific threat or an attack to implement security.
Donoghue likened the daunting task of protecting a sprawling system, with 468 subway stations, to securing the nation's borders.
By studying the habits of terrorists and an al-Qaida manual, law enforcement officials concluded that terrorists look for easy targets and do not want to encounter surprises, she said.
"Terrorists are looking for certainty," she added.