We all know that bombs could be planted on grandma’s. For us conservatives though, we know it’s about the security resources we have, and it’s about the best way to use those limited resources to ensure the our safety smartly not purposely stupidly.

There could be random searches on top of “smart” security work (which would be trying to establish profiles). If we don’t have the resources to search “everyone”, then we either do things completely randomly or assert some common sense and smartness into the mix.

And the random searches (on top of the smart searches) could morph into something else later if there is a different pattern later. Obviously that is why airports want you to ALWAYS have COMPLETE control of your bags. That way you know if you are being used or not. You see someone slip something in your bag you are alerting the police. Thanks for playing.

When was the last time you saw an old white lady carrying a back pack off one shoulder? Come on now.

The only safe strategy for searches requires a high degree of randomness.

Nowhere is there a right to not having your bags searched before going on a subway.

I have my bags searched before I get into the CA State Fair, Sunsplash Waterslide park in Roseville, The plane, The Strawberry Festival in Roseville, CA.

Shucks, I should’ve staged a protest as my “rights” were violated huh.

I’m glad you wrote the next sentence because I don’t think it’s unreasonable for authorities to search bags before people can get on the subway. If you don’t want to be searched then don’t go on the subway. The people who do go on the subway would then be safer…

We have a constitutional right to get on a plane and not have our bags searched?

We have a constitutional right to get on a subway and not have our bags searched?

Hum. I’ll have to remember that next time I get on mass transit. I’ll be sure to protest, carry signs and refuse (in front of my daughters) to have my bags searched…. because it says it in the constitution. Ack. I’m losing my precious constitutional rights by having my bags searched. Someone help me !

Raymond et al. — here’s the Fourth Amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

So of course this doesn’t provide a Constitutional guarantee of being able to use mass transit whenever and however you like. But it DOES prevent an unreasonable search as being a prerequisite for getting on the subway. (Note that I’m not saying that the random bag search is “unreasonable”… just that if it were, there’d be some 4th Amendment issues.)

The bigger question even then the 4th Amendment is, again, whether this policy actually works or not, and whether resources would be better spent on other things.

There’s a whole lot of interesting background and commentary on this at
http://caselaw.lp.findlaw.com/data/constitution/amendment04/
Well worth a read because of the importance of the issues involved here.

“…In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such EXCEPTIONS, and under such Regulations as the CONGRESS SHALL MAKE.”

In other words, Congress still maintains final say as to the jurisdiction of the Judicial Branch if only someone had the man berries to challenge some of their stupid rulings.

Maybe Raymond -12, has a good point. If we put the fear of retribution into the Muslim community, they might not be so keen to aid and abet the terrorists.

Aaaah, but the Constitution does say that you have the right to refuse UNREASONABLE search and seizure. For those with a public school “education” that means you have the right to say “No, you cannot search my bag or my person.”

Oh and one other thing, the Constitution in the Preamble clearly states that we have established that the nation must “provide for the common defense.” Which part of COMMON defense don’t you understand?

This procedure does not help, only serves as an abuse of your CONSTITUTIONAL rights, use ‘em or lose ‘em.

http://www.flexyourrights.org/subway/

Sound anti-American? Good because they are!