NYC will arrest for contraband in subway searches

[David Farber <dave () farber net>]

Begin forwarded message:

From: Lauren Weinstein <lauren () vortex com>
Date: July 22, 2005 10:28:46 AM EDT
To: dave () farber net
Cc: lauren () vortex com
Subject: NYC will arrest for contraband in subway searches



Dave,

Answering a question I posed yesterday, NYC has announced that they
will arrest persons carrying contraband if it is found as a result
of the "random" subway rider searches.  This is not unexpected, but
appears to further complicate the legal situation, especially
vis-a-vis the Fourth Amendment.  Some of the issues are discussed in:

http://www.nytimes.com/2005/07/22/nyregion/22law.html

My argument is fairly simple.  If authorities now wish to have
permission to search anyone at any time in public places, using
terrorism as the justification, and then use the results of those
searches in non-terrorism criminal proceedings, then we'd be wise to
have an open public debate about this -- and the ramifications
of such fundamental changes on a "free society" -- right now.

--Lauren--
Lauren Weinstein
lauren () pfir org or lauren () vortex com or lauren () eepi org
Tel: +1 (818) 225-2800
http://www.pfir.org/lauren
Co-Founder, PFIR
  - People For Internet Responsibility - http://www.pfir.org
Co-Founder, EEPI
  - Electronic Entertainment Policy Initiative - http://www.eepi.org
Moderator, PRIVACY Forum - http://www.vortex.com
Member, ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com
DayThink: http://daythink.vortex.com



-------------------------------------
You are subscribed as lists-ip () insecure org
To manage your subscription, go to
 http://v2.listbox.com/member/?listname=ip

Archives at: http://www.interesting-people.org/archives/interesting-people/