Trial Set To Begin Today To Decide Constitutionality of Subway Searches

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

The constitutionality of the city’s random searches of bags in the subways to deter terrorism will be challenged at a federal trial today by civil liberties lawyers who say the searches do nothing to accomplish that goal.


A U.S. district judge, Richard Berman, in Manhattan was scheduled to hear evidence and testimony in the case for two to three days. Afterward, lawyers will present written and oral arguments to the judge before a ruling is made.


At issue is a random search of the subways that was put in place in the nation’s largest subway system after deadly bombings by terrorists in London’s subway system in July.


The New York Civil Liberties Union, which brought the lawsuit on behalf of several subway riders, said in court papers filed last week that its own survey from August 25 to September 16 of 5,500 subway turnstile entrances found a total of 34 searches underway.


It said the search program in the 468 subway stations serving 26 train lines “has no meaningful value in preventing the entry of explosive devices into the system by the terrorists the NYPD is attempting to thwart.”


The city maintains that the mere presence of a random search program, regardless of how it is administered, is a valuable tool to thwart terrorists who prefer to target vulnerable areas with a low police presence for attacks.


City lawyers have noted that an Al Qaeda training manual advising terrorists to avoid police checkpoints gives the city some justification for its random searches of bags entering the subway system.


The head of the city’s law office, Michael Cardozo, said Friday: “We are confident when the judge hears the evidence, he will find that the bag searches are perfectly constitutional and designed to protect the safety of all New Yorkers and visitors.”


So far, the city has been successful in efforts to fight the lawsuit.


Judge Berman has already ruled that the city did not have to tell the NYCLU specific information about how it conducts its random searches such as the number of subway stations each day where no searches were done.


“The city may be able to demonstrate that the Subway Search Program effectively deters terrorism precisely because it is random and unpredictable,” the judge wrote in a decision.


Earlier this month when security was heightened amid a terrorism scare, the judge suggested that the case might not proceed at all. But he later scheduled the three-day trial.


The New York Sun

© 2025 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  Create a free account

or
By continuing you agree to our Privacy Policy and Terms of Use