Why would anyone complain about a program that offers protection against a presumed terrorist threat?
In Washington, DC’s public transit Metrorail system, a new program that searches bags of random Metrorail customers has been in process for the past month. On Oct. 27 Metro announced that it would begin pulling aside random passenger to search bags in an effort to thwart terrorist attacks.
The non-profit organization Flex Your Rights has issued a “Citizens Guide” to refusal on its web site and members have been handing out flyers at Metro stations. The flyers spell out step-by-step instructions on how to refuse a search.
Of course, one of the problems with the new DC system is that random searches simply do not deter terrorist activity. The overriding fact is that, as innocent citizens become increasingly accustomed to being searched by the police, they become complacent and unwilling to question authority figures. This results in an unwillingness to fight back as a result of veneration or complacency.
As fewer citizens put up a fight, or simply refuse to comply, politicians and police are encouraged to further expand the number of places where all are considered guilty until proven innocent.
Three years ago, a challenge to new random searches in New York’s subway system was upheld when the U.S. Court of Appeals for the 2nd Circuit rejected an American Civil Liberties Union challenge. The court cited the testimonies of public policy experts who concluded that the program passed the “special needs” test of the Fourth Amendment’s protections against unreasonable searches and seizures.
According to Steve Silverman, Executive Director of Flex Your Rights, “As innocent citizens become increasingly accustomed to police searches, politicians and police are empowered to further expand the number of places where we’re all considered guilty until proven innocent.”
Concludes Silverman, “So what does a freedom-loving Metro rider do when asked to submit to a random search in the capital of the free world? Choose to refuse.“

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