Monday, December 05, 2005

Post-Constituional America

JUDGE RULES CONSTITUTION DOESN'T APPLY IN NYC SUBWAY

BOSTON GLOBE - A federal judge ruled Friday it was constitutional for police to randomly search riders' bags on the New York City subway to deter a terrorist attack. "The need for implementing counter-terrorism measures is indisputable, pressing, on-going and evolving," Berman wrote. . . The New York Civil Liberties Union sued the city and Police Commissioner Ray Kelly shortly afterward, calling the policy of searching thousands of riders a day without any suspicion of wrongdoing unconstitutional. The Fourth Amendment to the U.S. Constitution prohibits searches without probable cause.

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