[Politech] Dan Solove on federal court upholding random NYC subway searches [priv]

From: Declan McCullagh (declan@private)
Date: Mon Dec 05 2005 - 08:12:43 PST


-------- Original Message --------
Subject: NYC Subway Search Opinion
Date: Mon, 5 Dec 2005 01:53:25 -0500
From: Daniel Solove <djsolove@private>
To: Declan McCullagh <declan@private>

Declan,

A federal district court has just upheld the random searches on the NYC
subways.  I critique the court's decision here:
http://www.concurringopinions.com/archives/2005/12/nyc_subway_sear.html

An excerpt:

In other words, the court is saying that any small increase in terrorists
believing they might get caught makes such a policy an effective. But if
"effectiveness" is to have any meaning, the benefits of a policy that
requires a sacrifice in liberty should be more than just trivial or
speculative. There is no evidence that this policy will have any deterrent
effect. . . .
It is bad enough that so much money and resources must be wasted on a
largely symbolic exercise to make public officials look like they're doing
something to protect us when they're not. This cosmetic program for public
officials which drains money from other more serious threats. It is even
worse that people must sacrifice liberty and convenience too. These are the
type of search programs that the Fourth Amendment should weed out.

Regards,

Dan

Daniel J. Solove
Associate Professor of Law
George Washington University Law School


Website: http://www.danielsolove.com

Blog: http://www.concurringopinions.com

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