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U.S. Appeals Court Upholds New York Subway Searches
Came down on Friday.Aug. 11 (Bloomberg) -- An appeals court said New York police can make random searches of passengers' bags and backpacks at subway entrances, upholding a year-old practice. The searches were instituted July 21, 2005, two weeks after terrorist bombings of London's public transport system killed 52 people. The New York Civil Liberties Union sued the police commissioner and the city on behalf of five New Yorkers, claiming the searches violated their right to privacy. The police argument that the searches are narrowly tailored to prevent or detect attacks was upheld today by the appeals court. ``We agree that the search program serves a special need and, on balance, is reasonable,'' Judge Chester Straub of the in New York federal appeals court wrote for a three-judge panel. The appeals judges' 25-page decision, upheld a trial judge's ruling. The decision sanctioned searches for the special purpose of preventing attacks rather than gathering evidence in criminal investigations. ``We have no doubt that concealed explosives are a hidden hazard, that the program's purpose is prophylactic, and that the nation's busiest subway system implicates the public's safety,'' Straub wrote. The court ruled a day after U.K. police said they foiled a plot to blow up aircraft bound for the U.S. That announcement was accompanied by heightened security measures at airports in both countries. The judges said subway stations and other mass- transportation hubs made attractive targets for terrorists. The court noted that people can refuse to be searched by leaving the subway and that officers limit inspections to bags big enough to carry explosives. ``This critical affirmance will help the NYPD continue to keep the transit system safe, especially in light of ongoing and critical events like the airline threats yesterday,'' Michael A. Cardozo, the city's chief legal counsel, said in an e-mailed statement. The plaintiffs argued the program was intrusive without being useful against terrorism. I haven't noticed an NYC subway being blown up lately. But maybe it happened and Rove covered it up... ``It is troubling that the court's opinion fails to closely scrutinize the effectiveness of the program, which has resulted in police searches of hundreds of thousands of innocent New Yorkers and which even the city's own experts admitted leaves the subway system wide open to terrorist attack,'' Christopher Dunn, associate legal director of the New York Civil Liberties Union, said in an e-mailed statement. He said the group is considering its options. Posted by: tu3031 2006-08-14 |
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