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View Diary: If I have nothing to hide, why do you need to search me? (9 comments)

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  •  Why do you think these searches are illegal? (1+ / 0-)
    Recommended by:
    Neuroptimalian

    As you said, they were declared constitutional.

    •  What I knew then and now (3+ / 0-)
      Recommended by:
      FG, nokkonwud, Noddy

      When I was stopped that particular morning, I didn't know about precedent cases and "special needs".  I knew that my purpose in the station was law-abiding, peaceful, and private.

      Since being searched, I looked into the legality of such searches and found the 2005 ruling by a New York circuit judge.

      So as things stand now, I know that such searches are legal if the searches do not single out particular groups, if the state can show a compelling interest, and if the searches are reasonably effective, and if the searches do not overly interfere with an individual's liberty.

      So now I ask you: given that the police could not have prevented a bomber from placing a bomb in the station lobby or the train, did the police search meet the criteria of the law?

      "The fool doth think he is wise: the wise man knows himself to be a fool" - W. Shakespeare

      by Hugh Jim Bissell on Tue Apr 30, 2013 at 10:11:00 AM PDT

      [ Parent ]

      •  Searches like this are routine at many train (1+ / 0-)
        Recommended by:
        Neuroptimalian

        stations in many countries. Given that terrorists try to blow up trains every once in a while, I don't find them unreasonable. Maybe not the best way to spend resources if done on regular basis.

      •  They are not, by any stretch of imagination, (2+ / 0-)
        Recommended by:
        nokkonwud, Noddy

        "reasonably effective".

        By that standard alone they do not meet the criteria.

        •  Not to mention, (0+ / 0-)

          denying a person their right to public transportation if they do not consent to be searched does NOT "minimally interfere with a person's liberty."

          In wine there is wisdom, in beer there is freedom, in water there is bacteria. Ben Franklin

          by nokkonwud on Tue Apr 30, 2013 at 12:40:07 PM PDT

          [ Parent ]

          •  Well, "overly" and "minimally" are so subjective. (0+ / 0-)

            And no one's checking people's bags before they ride the buses, so you can still take public transit, just not this public transit.

            For that matter, you can walk to the next station -- or even the next entrance to the same station -- and enter there.

            Which goes right back to "reasonably effective".

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