Um, I understand you don't like this, but what exactly do you think is unconstitutional about it? As you say, 'people who don't want to be searched are perfectly free to turn around and leave the station'. So how is it different from having your bag searched before boarding a plane?
And that's without even getting in to the question of whether, under the circumstances, a search without consent would be 'reasonable' within the meaning of the 4th amendment; we don't have to reach that question, because you're free to refuse the search and get to wherever you're going without using the subway. (Or, of course, to try again and hope that you don't get picked for a search the second time around. Which is, of course, what terrorists will do, so I agree that it's not the smartest idea or the best use of resources. Then again, I think not letting people fly with their knives and lighters isn't the smartest idea either.)
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winterfish
no subject
Date: 2005-07-22 03:49 pm (UTC)And that's without even getting in to the question of whether, under the circumstances, a search without consent would be 'reasonable' within the meaning of the 4th amendment; we don't have to reach that question, because you're free to refuse the search and get to wherever you're going without using the subway. (Or, of course, to try again and hope that you don't get picked for a search the second time around. Which is, of course, what terrorists will do, so I agree that it's not the smartest idea or the best use of resources. Then again, I think not letting people fly with their knives and lighters isn't the smartest idea either.)