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Dead Constitution See other Dead Constitution Articles Title: Top Ten Reasons You Should Fear the Transit Searches in New York City 1) It's Starting Small. On Thursday, July 21, Mayor Michael Bloomberg announced that all passengers using New York City's transit system are subject to search by the City's police. So far, only their bags ? not their persons ? can be violated. Because His Majesty zips about town in a limousine, he had to rely on his imagination to console commuters. "We just live in a world where, sadly, these kinds of security measures are necessary. Are they intrusive? Yes. A little bit." 2) It Began This Way At the Airports. After a couple of skyjackings in the late 1960's, the Federal government decided that it had an "interest" in "protecting" aviation. Congress had so little respect for the Constitution that it simply ignored the Fourth Amendment, rather than formally abolishing it, by decreeing that passengers' bags would be rifled at airports. The judiciary connived and read our minds. Judges solemnly informed us that we consider airport searches not "a resented intrusion on privacy, but, instead, a welcome reassurance of safety." About 25 years passed before ransacking luggage progressed to pawing passengers. With this precedent easing their way, New York's cops will be feeling up commuters in a matter of weeks, not decades. There are other eerie parallels. Both the Transportation Security Administration (TSA) and New York's rulers blame passengers for the delays and harassment that characterize searches. The TSA's website warns, "Taking a few minutes to prepare for security before you pack for your trip can save you and your fellow travelers precious time when you arrive at the airport." Meanwhile, Ray Kelly, New York's Commissioner of Pork, sorry, Police, laments that passengers make searches necessary. "Ideally, people wouldn't carry any backpacks or bulky packages on the transit system." For sure Kelly never does: he's got swarms of underlings who tote things for him. 3) According to the Courts, You Consent To Being Searched By Flying ? And Now Riding. I kid you not. Grown adults wearing silly gowns have seriously argued that because we "choose" to fly, we "choose" to be manhandled. Warrantless searches are part of flying. If you dislike them, don't buy a plane ticket. New York's rulers have already trotted out this blatherskite to justify their rifling of commuters' belongings. Our Man Kelly says, "You have a right to turn around and leave..." rather than submit to the search. But he offered no advice on how secretaries, nurses, and other workers dependent on the subway could get to their jobs. These folks typically live in the outer boroughs, miles from midtown, because of the exorbitant rents Manhattan's landlords charge to cover exorbitant real estate taxes. 4) The Searches Purport To Be Random, But Cops Are Picking on "Suspicious" Folks. They define "suspicious" behavior as making a fist, apparently because that's the preferred method among suicide bombers for clutching detonators. No word on whether babies clasping Cheerios will also be considered threats. People wearing "heavy coats inappropriate for the summer weather" rouse cops' curiosity as well. Someone warn the elderly that if they're cold because of poor circulation, they'd better stay home. And anyone prone to sweating when it's hot should avoid the subways: the NYPD is gunning for such miscreants because terrorists sweat. One fears New York's Brightest will one day realize that terrorists breathe, too, but let's not hold our breath. 5) It's Spreading Like Wildfire. Boston inaugurated transit searches last year at the Democratic National Convention. There was little outrage: few protests, no riots. Rulers in cities across the country perked up. New York's latest adventure in fascism fascinates them as well. They are studying the sheeple's submission. Keenly. Before rush hour had even ended that first evening, New Jersey and Connecticut announced that they, too, would begin ransacking bags. Transit searches easily translate to suburban and rural areas. They're called "roadblocks." 6) NYC Officials Have Been Scheming About This For 3-1/2 Years. But they were waiting for the right moment to spring it on us, as Ray Kelly confided to the New York Times. "The reality is, you need an event such as London for people to realize this is a procedure put in place for their safety...The issue is what the public will accept. You still need an event to get public support." I wonder what else they're plotting, what "event" will unleash it on us, and how they'll manipulate public opinion. Yo, guys, those plans for the camps: have you ordered the razor-wire yet? 7) It Has Nothing to do With Security. New York City's transit system is the country's largest. At street level, almost 4500 busses traverse about 2000 route-miles in the five boroughs. Underground (and occasionally above ground, too) there are 468 subway stations with multiple entrances, over 31,000 turnstiles, and 656 miles of track for carrying passengers. About 4.7 million patrons ride the City's mass transit each day. Our Rulers actually want us to believe that 40,000 New York City cops ? not all of whom will be deployed to the transit system: after all, someone has to pester pedestrians and ticket drivers ? can identify and intercept a suicide bomber lost in this vastness. Additionally, the gaps in this "security" yawn so prodigiously that even dumbed-down public-school graduates could exploit them. The cops and their "checkpoints" will rove from subway station to station, depending on the time of day. They will search a certain percentage of passengers. Let us suppose for sake of argument that suicide bombers are actually waiting to blow commuters sky-high. Let us further grant that these terrorists are of sufficient intelligence to construct a bomb and plot its effective detonation. Yet, when they come upon a search at one entrance to the subway, it will not occur to them to "turn around and leave" so they can hunt a different entrance. And men eager to die for their cause would never consider walking 7 or 8 blocks to the next station. "The public wants to feel safe, as well as be safe," says William W. Millar, president of the American Public Transportation Association, "So this has a benefit of perception." Yep. It's also invaluable to Our Rulers for the cover it provides. 8) Your Fellow Citizens Think It's Dandy. Johnny Eggz, 31, exclaimed to The New York Post, "Cool!" Kinda makes you wonder what Johnny does for entertainment of an evening, doesn't it? He continued, "We're at war. What are you going to do ? cry about being searched or cry about being blown up?" Michael Schultz at least recognizes that "it's an invasion of privacy," but, as he concluded in The New York Sun, "if you're not carrying anything illegal, you've got nothing to hide." Eve Holbrook, 35, volunteered to be searched. "It gives me a sense of comfort," she told The New York Times. "I went up there of my own free will." We can only hope the terrorists among us are as amenable. The few sheeple who object do so on PC grounds: they fear "racial profiling," not unConstitutional, general searches. The Times quoted Hani Judeh, 24, a Palestinian-American living in Brooklyn. "They should check bags, but they can't discriminate. You can't tell Indian from Pakistani, you can't tell West Indian from black, you can't tell Arab from Mediterranean." On the bright side, Gene Russianoff, a lawyer for the Straphangers Campaign, understands what's really going on. "Riders being randomly searched is what they do in Communist regimes," he told the Post. Ironically, the article in which his comment appeared began, "Call [the searches] freedom frisks." 9) Contraband Will Get You Arrested. In another parallel with the airports, anyone found with drugs, weapons, or the myriad other things on which Our Rulers frown will be arrested. 10) Larry D. Hiibel, Petitioner v. Sixth Judicial District Court of Nevada, Humboldt County, et al. This case, decided last summer by the Supreme Court, held that citizens must identify themselves to cops. Refusal can result in arrest. At some point, Our Rulers will revoke the "freedom" to leave the transit system rather than be searched. And searching will spread to streetcorners: if one consents to being frisked by riding in planes and busses, one consents as well by stepping onto a sidewalk. Those who don't cooperate, who complain or hesitate or perhaps don't raise their hands overhead as quickly as ordered, will immediately rouse suspicion. Names will be demanded and compared against lists of "protestors." It won't be difficult to join those lists. Writing letters critical of Our Rulers to one's congressman or a newspaper editor will be enough. Having written one probably will be too: computers have long memories. And we all know the patience police states extend to dissidents. Are you scared yet?
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#1. To: Mr Nuke Buzzcut (#0)
Sheesh, things have been that way for a while now. Its called a "Terry frisk" - a cop that sidles up to you can frisk you for practically no reason under this court ruling. Refusal results in arrest.
By Brooks Franklin The recent, still-unsolved shooting of a high school cheerleader has resulted in a police crackdown in an area of East Lebanon which is home to two frequently problem-plagued public housing developments. Lebanon police over the weekend intensified its presence in the area, using Friday night to stage a sobriety checkpoint on Baddour Parkway near the Upton Heights and Inman Court public housing developments. Officers with the federal bureau of Alcohol, Tobacco and Fireams and the Drug Enforcement Administration joined in the operation, Lebanon Public Safety Commissioner Billy Weeks said. The roadblock ? and occasional pursuit of those who attempted to avoid it ? resulted in 25 arrests, Police Chief Scott Bowen said. Most of those taken into custody were charged with drug possession or possession of drug paraphernalia, he said. ?We had a couple of people, after we talked to them, who admitted they were in that area to buy drugs,? Bowen said. ?That alone would make it all worthwhile.? Weeks said the operation was the first of several planned for that section of town, long designated a ?high-crime area? by police. ?When it?s not a high-crime area anymore, then that?s when we will leave,? he said. ?I know of one instance where we made four arrests in a single traffic stop, so that tells me we certainly needed to be paying some extra attention to that area.? He said state probation and parole officers were occasionally on hand at the checkpoint, successfully identifying several suspects wanted for parole or probation violations. ?We felt like it was well worth our time, if for no other reason than we didn?t have any serious crimes reported in those areas while we were out there,? Weeks said. He said the recent wounding of a Lebanon High School cheerleader inside one of the public housing development?s was the catalyst for the crackdown. ?We?d been planning to do some extra work, but certainly that prompted us to get right on it a lot faster,? Weeks said. ?We know for a fact that witnesses saw an innocent girl get shot and nobody has seen fit to step forward. As far as I?m concerned we?ll stay up there until we find out who did it.? The teenager was in critical condition for several days with a gunshot wound to the chest, but is now believed to be well on the road to recovery. Authorities have said she was not an ?intended target? of the shooting, but have been unable to determine if she was hit by a stray slug intended for someone else or if her wounding resulted from simply discharging a gun into the air ? something that has caused police to be called to both public housing developments frequently in recent months. ?As far as I?m concerned, getting to the bottom of that alone would be enough reason to have more officers out there, but we have several other rationales for it as well,? Weeks said. Senior Staff Writer Brooks Franklin can be reached at 444-3952 ext. 14 or by e-mail at brooks.franklin@lebanondemocrat.com.
From Findlaw I find this on a Terry frisk: .... The parties do not dispute the district court’s factual findings. After bserving respondents’ vehicle commit a minor traffic violation, the police officer pulled up behind the stopped vehicle and activated his lights just as the driver (respondent Ruiz) exited the vehicle. The officer observed a passenger (respondent Cruickshank) in the front seat and a pit bull in the back seat. Ruiz appeared very nervous and agitated, which prompted the officer to conduct a protective Terry frisk upon the arrival of backup officers. During the frisk, the officer felt a baggie in Ruiz’s pocket. He pinched and grasped at the baggie before pulling it out and discovering that it contained a misdemeanor amount of marijuana. After the arresting officer placed Ruiz in the squad car, he and a fellow officer approached the passenger side of the vehicle. They asked Cruickshank to roll up the window to prevent the dog from escaping and then asked him to exit the vehicle. The arresting officer conducted a Terry frisk and discovered a felony amount of marijuana in Cruickshank’s shirt. A subsequent search of the vehicle led to the discovery of two one-pound packages of methamphetamines in Cruickshank’s jacket. Respondents were each charged with two first-degree and one fifth-degree controlled-substance violations. The cases were consolidated for purposes of a contested omnibus hearing, at which both respondents moved for suppression of the evidence against them on the basis that each had been subject to an unlawful search and seizure. Subsequently, the district court granted both respondents’ motions to suppress. The state does not challenge the district court’s determination that the search of Ruiz was unlawful but contends the district court erred in suppressing evidence against Cruickshank. The state also challenges the suppression of Ruiz’s post-Miranda recorded statement. Bottom line: Don't carry anything with you that can get you in trouble. Simply 'appearing nervous' will subject you to being patted down.
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