FacebookTwitterGoogle+RedditEmail

Random Searches in New York’s Subway

by DAVID ANDERSON

Perhaps the greatest outrage about the new New York City government’s policy of random bag searches in the subway is the lack of outrage about it. Where are the stories about people turning around and not being searched, interviews with opponents of the policy, or even an in depth discussion of the legalities of it?

The way it has been sold to the public by almost the entire media in New York is “is it popular”, as if general acceptance is justification for a policy which goes further legally than any other in recent times. Anecdotally, the media would have us believe it is a very popular move, something that knowing New Yorkers, and being one, I find hard to believe.

Regardless, popularity is surely not the issue here. If it were put to the popular vote, there are some states where the deportation of Arab-Americans would no doubt win local elections. We have a Supreme Court, or rather will probably soon say, we HAD a Supreme Court one of whose primary functions is to preserve the rights of the individual. If it weren’t for those “Activist Judges” it is quite possible schools STILL wouldn’t be integrated, there would be no freedom of choice when it comes to reproduction, and almost certainly religion and state would have become terribly mixed. But we have hardly heard a word from judges, or the ACLU, last bastion of personal rights in America, about the random searches of the effects of innocent commuters.

The only real discussion has been the specter of racial profiling, thus taking the argument away from “Should we be doing this at all?” to “How best do we do this?”

Not only is the policy invasive of our rights, it is totally ineffective and probably counter-productive. Suicide bombers are almost by definition fanatics whose whole life’s meaning has become this one act, something they’ve trained for, thought about, risked all for, possibly traveled vast distances to accomplish, and forsaken even life itself for. Are a few bored cops at a minority of subway stations and busses really going to prevent them from going about their horrible missions? Even in the BEST case scenario it will only lead to immediate detonation at the search point, an act which could kill more people than a detonation in a subway car itself. Indeed, in the “bring it on” ideal our president is famous for, aren’t these searches basically daring the bombers to strike and thus humiliate our feeble efforts?

We hear comparisons between this policy and airport searches. For a start, catching planes is optional, for most New Yorkers, catching public transport isn’t. Are we to risk being fired for tardiness because we turned around and didn’t want out possessions riffled through by the government?

Secondly, airport searches are fairly effective, they provide a real barrier to taking explosives and metal weapons onto planes. And finally courts have held that magnetometers and metal detectors are not “searches”. By any standard, a policeman poking through your handbag or back pack is a search’.

And again we hear that famous cliché, the one President Bush can’t go on TV without saying – it “Sends a message.” The message senders, these same people who oppose a vaccine for Human Papiloma Virus, morning after contraception, needle exchanges, and even condoms, love this policy. The whole over-worn (count how many times a day you hear it) “Send a message” cliché is usually employed as a veiled threat or justification for all manner of stupidities, from invading Iraq, to wellsubway searches. When you hear it, as well as that old chestnut “In this post 9/11 world”, you just know something terribly stupid or some horrible policy is about to be announced. A policy like random bag searches.

The final horror here is that there’s nothing to suggest this is the government’s last demand. Freedom is usually destroyed in a gradual manner, it is less noticeable then. It is a short step from random subway bag searches, to random street searches, from making it optional to making it compulsory, from not asking for ID, to demanding it. And this latest policy has been put in place without even any terrorist actions against the United States! Imagine how few rights we’ll have left when something does happen here?

What freedom do we have when the government can do exactly what it wishes because it has manufactured a climate of fear like this administration has, and what freedom do we deserve when we as a society and as individuals just lie down and take it?

DAVID ANDERSON is a criminal defense attorney in New York City. He can be reached at: DocInNy@yahoo.com

 

David Anderson has a B.A. (Hon.) in Middle East politics from Melbourne University and did post graduate work at Georgetown University. He grew up in Australia and is a retired attorney in New York City.

More articles by:
Weekend Edition
July 29, 2016
Friday - Sunday
Michael Hudson
Obama Said Hillary will Continue His Legacy and Indeed She Will!
Jeffrey St. Clair
She Stoops to Conquer: Notes From the Democratic Convention
Rob Urie
Long Live the Queen of Chaos
Ismael Hossein-Zadeh
Evolution of Capitalism, Escalation of Imperialism
Margot Kidder
My Fellow Americans: We Are Fools
Phillip Kim et al.
Open Letter to Bernie Sanders from Former Campaign Staffers
Ralph Nader
Hillary’s Convention Con
Lewis Evans
Executing Children Won’t Save the Tiger or the Rhino
Vijay Prashad
The Iraq War: a Story of Deceit
Chris Odinet
It Wasn’t Just the Baton Rouge Police Who Killed Alton Sterling
Brian Cloughley
Could Trump be Good for Peace?
Patrick Timmons
Racism, Freedom of Expression and the Prohibition of Guns at Universities in Texas
Gary Leupp
The Coming Crisis in U.S.-Turkey Relations
Pepe Escobar
Is War Inevitable in the South China Sea?
Norman Pollack
Clinton Incorruptible: An Ideological Contrivance
Robert Fantina
The Time for Third Parties is Now!
Andre Vltchek
Like Trump, Hitler Also Liked His “Small People”
Serge Halimi
Provoking Russia
David Rovics
The Republicans and Democrats Have Now Switched Places
Andrew Stewart
Countering The Nader Baiter Mythology
Rev. William Alberts
“Law and Order:” Code words for White Lives Matter Most
Ron Jacobs
Something Besides Politics for Summer’s End
David Swanson
It’s Not the Economy, Stupid
Erwan Castel
A Faith that Lifts Barricades: The Ukraine Government Bows and the Ultra-Nationalists are Furious
Steve Horn
Did Industry Ties Lead Democratic Party Platform Committee to Nix Fracking Ban?
Robert Fisk
How to Understand the Beheading of a French Priest
Colin Todhunter
Sugar-Coated Lies: How The Food Lobby Destroys Health In The EU
Franklin Lamb
“Don’t Cry For Us Syria … The Truth is We Shall Never Leave You!”
Caoimhghin Ó Croidheáin
The Artistic Representation of War and Peace, Politics and the Global Crisis
Frederick B. Hudson
Well Fed, Bill?
Harvey Wasserman
NY Times Pushes Nukes While Claiming Renewables Fail to Fight Climate Change
Elliot Sperber
Pseudo-Democracy, Reparations, and Actual Democracy
Uri Avnery
The Orange Man: Trump and the Middle East
Marjorie Cohn
The Content of Trump’s Character
Missy Comley Beattie
Pick Your Poison
Kathleen Wallace
Feel the About Turn
Joseph Grosso
Serving The Grid: Urban Planning in New York
John Repp
Real Cooperation with Nations Is the Best Survival Tactic
Binoy Kampmark
The Scourge of Youth Detention: The Northern Territory, Torture, and Australia’s Detention Disease
Kim Nicolini
Rain the Color Blue with a Little Red In It
Cesar Chelala
Gang Violence Rages Across Central America
Tom H. Hastings
Africa/America
Robert Koehler
Slavery, War and Presidential Politics
Charles R. Larson
Review: B. George’s “The Death of Rex Ndongo”
July 28, 2016
Paul Street
Politician Speak at the DNC
FacebookTwitterGoogle+RedditEmail