October 27, 2008

Metro Bag Searches to Come With No Warning

2008_1027_metrobag.jpgA lot of you have already weighed in with negative initial reactions to WMATA's plan to start a random bag search program on Metro. There's more information available now, with an official release and an expanded WaPo story, so let's break down exactly how this is purportedly going to work:

Why They Are Doing This: WMATA says the program is intended to look for "explosive devices" and target "terrorism." For some reason, the Post is framing the initiative as a crime-fighting tactic, putting up a rather leading poll asking readers if they are in favor of searches that help "combat crime." Crimes like robbery and theft are way up on Metro, but don't be fooled: WMATA is being clear that these searches are not intended to reduce crimes other than terrorism. Could the result of the threat of random searches mean a side benefit of reduced crime on Metro? We suppose it's possible, but there's no evidence to suggest that's the case.

When This Will Start: Metro won't actually say. They have said, however, that the program is in some way a response to the need for heightened security at certain upcoming events like the 2009 inauguration. The searches could start as soon as today.

How Often it Will Happen: Whenever there's a "heightened" security threat, or in other words, whenever Metro Transit Police deem it necessary.

How it Will Work: When it's determined that a team of bag searchers will be deployed to a particular location, Metro Transit Police will pick a random number, let's say 12, and then stop every 12th person and ask to search through their bag(s). They'll be looking for explosives, but if they find anything illegal, like drugs, then they will make an arrest. Anyone who refuses to have their bags searched, however, will be allowed to leave with their belongings — they just won't be allowed to enter the Metro system at the point of search. Bag searches will only take place outside of fare gates, and will not be announced ahead of time. Metro is installing signs outside station entrances informing riders of the potential of searches. Also of note: the searches could also happen at bus stops.

Our pals up at Gothamist have written plenty about New York's random subway searches, which so far have been upheld as constitutional despite lawsuits from civil liberties organizations. For you 4th amendment fans, here's where you can buy a "I do not consent to being searched" T-Shirt. And for those of you who think this seems like a serious case of Big Brother, just imagine how you'd feel if we also adopted the "Lucky Bag" sting policy.

Photo by winged photography

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Anyone who refuses to have their bags searched, however, will be allowed to leave with their belongings — they just won't be allowed to enter the Metro system at the point of search.

Fine with me. I'll walk a few blocks down the road to the next Metro stop, or take a bus.


Fuck the police, and DC citizens said it with authority.

 

bus stops? really? so if you're standing near a bus stop can you be targeted?

i thought we'd moved away from the automatic fear-mongering when we approached an election, but this is sounding like 2004 all over again!

"citizen, may i see your papers?"

 

For some reason, the Post is framing the initiative as a crime-fighting tactic, putting up a rather leading poll asking readers if they are in favor of searches that help "combat crime."

To make the poll fair, they should ask readers if they are in favor of searches that help "encourage crime."

Don't think customers have much choice in the matter. The NYC subway has spot checking. It was challenged by the ACLU and it went nowhere. And I for one welcome our subterranean brothel-running overlords. I'd like to remind Metro that as a powerful "member" of the bloggerati commentariat, I can assist them in rounding up only the hottest customers to work in their underground sex caverns.

 

If we're gonna suddenly do terrorism combating in Metro, I'd rather just have a couple bomb-sniffing dogs trolling the stations all the time; then at least you could get some reasonable suspicion to search someone. Not to mention they'd be a lot more effective at actually *finding* something. I know those dogs are pricey, but more than a slew of cops searching bags? (Who could then instead actually patrol for would-be muggers?)

Efficiency and reasonableness. Crazy, I know.

 

This is really mind boggling. They're going to institute a random search policy in order to reduce the incidence of terrorist acts on the Metro, which currently stands at ZERO.

Honestly, I'm really struggling to see the point of this. WMATA acknowledges that it's not going to have any impact on the types of crime that actually do take place in the system, and since you can easily just opt out of a search and re-enter the same station elsewhere, it will only catch terrorists who are pathologically stupid or oblivious. Do they really think that there are any terrorists who are determined to detonate explosives in the subway tunnels but will be deterred by the slight risk of being inconvenienced or delayed by avoiding a bag check?

 

Ladies and Gentlemen,

We regret to inform you that the elevator and escalators at this station are out of service. Metro transit police are also conducting random "terrorism" searches and this line is currently single-tracking due to a track fire. Please add 45 minutes to your trip. Thank you for waiting for Metro.

 

This is a clear case of "security theater" and will not catch any terrorists. Anyone who has a bomb will decline to be searched.

Furthermore, because the number of people being searched is so low (1 in 12, even when a checkpoint is set up) any would-be-terrorist would find it easy to get on the metro at another point of entry.

 

Bomb sniffing dogs can't smell nerve gas. Until it's too late, that is.

I say screw Metro and any chicken$h!t apologist jackass who thinks this is going to make anyone safe from the big bad rabbit. You've got a better chance of being hit by a car while having sex with cattle in the Vatican than being a victim of terrorism. Every time you walk out the goddamned door you're taking your life into your own hands, which is as it should be. You might get hit by a car. You might have a heart attack. You might have a 16-ton weight dropped on you. But do you really spend every waking moment worried about how you're going to die? Not unless you're some kind of agoraphobic dingbat or Idaho Aryan Nationalist. Talk about "fear fatigue." Grow the hell up. There are no guarantees in life, except that manipulative tiny-minded bureaucrats will act like pocket fascists over their puny little erectile-disfunctioning feifdoms. Suck it, Trebek. Suck it long and suck it hard.

They want to combat terrorists? Get rid of Ms. Perfume-by-the-Gallon and Mr. Axe Body Spray Over Crotch Funk. That's some nasty-ass biowarfare going on right there.

 

Security theater, anyone? If WMATA can't stop people eating or pan-handling or other petty crimes, what good do they think this will do?

 

As someone who enjoys the delicious taste of nachos, how does this exciting new crime fighting initiative affect me?

 

In the current issue of The Atlantic is a fascinating article on how easy it is to get past TSA security measures at the airport. The TSA Director basically confirms that all of the showy stuff - the screeners, the X-ray machines, the taking-off of shoes - can be defeated by a smart terrorist. So basically the billions being spent on TSA security is ensured to catch the stupid terrorists out there who haven't read or heard about the cracks in the security procedures. Which is basically what this new Metro policy will also do.

Query - where's the money going to come for this? Catoe is constantly crying about how much money needs to make the trains run (forget about them actually running on time) and to make escalators work. Yet they've got the money to pay for a bunch of the underground po-po to stand around and search people's bags?

I can understand this requirement making sense during the Inauguration and other major events. But if this is done on a regular basis, it's nothing more than a waste of time and money designed to fake us into thinking we're any safer than we were yesterday.

 

I much more cost-effective anti-terrorism and crime-fighting initiative would involve me leaping onto the turstiles in my Underoos and Halloween mask with my fists on my hips and whispering, "I'm Batman."

Isn't your safety worth the pawltry $1.2 million that this program will cost?

 

Bullocks.

That's all this is. Just bullocks.

 

this sounds like we need another one of those ride the metro in your underwear protests...

facebook cause started...

http://apps.facebook.com/causes/137068

 

OldPoster: My favorite part of that article is where the guy brings two 12-ounce bottles of contact solution though security. The TSA asked, "Why two bottles?" "Two eyes," he said, and was waved through.

(Medicine, including contact solution, is exempt from the 3 ounce carry-on limit)

 

better yet, why don't we just flood the tunnels with foam rubber, require everyone to strip down to their skivvies, grease 'em up with lunchlady doris' bacon fat, and call it a party.

it's the bacon fat that'll catch the terrorists. no red-blooded american would have a problem with lard!

 

I've got a magic goatse medallion for sale that will ward off tigers as well as terrorists.

The price? One little dollar. That, and all of your dignity.

 

How dopey. All you have to do is send in two terrorists together and unless they're searching everyone, at least one of them will make it through. It's good to know that a lot of thought went into this latest bit of security kabuki.

 

I'm curious to see how WMATA intends to implement bus stop searches. WMATA doesn't own any portion of the public way, and thus has no jurisdiction over it.

Perhaps they will station Transit Police on the bus and perform inspections as riders step onto the bus, before they've paid their fare. Or perhaps they will only inspect bags of persons actually sitting on the benches within the shelter, as the benches themsleves are WMATA property.

Anything else is an obvious Civil Rights violation.

 

Who are the 98 muldoons who are saying 'yeah, sure, search me'?

cripes people!

 

BYOB, baby!

 

Monkey, I'll take your goatse medallion. In fact, I'll take all your goaste wares.

 

bullocks? is jim j. coming back to the center square?

 

Anyone who refuses to have their bags searched, however, will be allowed to leave with their belongings — they just won't be allowed to enter the Metro system at the point of search.

this makes absolutely no sense.

someone has a bag in their bag; they leave, and... nothing happens. until they come in after the police have left. seriously?

 

stapaulova - Transit police have full police authority through-out the DC metro area, including DC, MD and VA.

 

now, who do you report to if cops are doing these searches and you find out there's something missing in your bag?

 

stapalouva: I'd disagree that a jurisdictional issue is a "civil rights violation", but in any case, WMATA Police has jurisdiction. As with all of the different police forces in the area, there aren't any real bright lines.

For example, Marion Barry has been busted by the FBI, DC police, the Secret Service, the IRS, and by the U.S. Park Police (though in the latter he was at least on park property).

 

thanks, politburo, i think you've just inadvertently solved this entire issue.

we just need to have 24/7 marion barry searches.

 

Get over it! In Israel, EVERYONE'S bags are searched when they are going into any building-- public and private. And I can tell you from personal experience, it doesn't slow things down one bit. So if one out of twelve people are being searched on Metro and Metrobuses alone, it's not going to make your commute any more difficult.

We take our relative safety in this coutry for granted. I can guarantee that the first time someone gets caught with a bomb or unlicensed gun, you will be grateful for the extra security measures.

Don't even get me started on unclaimed bags sitting on metro platforms or the side of the road-- in Israel, they get blown up by police!

 

Naomi-
This isn't Israel. If you want to make aliyah, go ahead.

 

@NaomiRay: By definition, if you search everyone's bags, you are slowing people down than if they just walking into a building unencumbered.

But you do get at the heart of the matter: searching "everyone" *is* security. The Israelis know how to do security. We don't. We are searching 1 in X. And if you don't want to be searched, you can leave and try again later. That's not security.

If the powers that be believe that is some sort of security, then they really should be thrown out of their office. They are deluding themselves into believing that a terrorist will be stupid enough to not just leave, and not to have checked a site like DCist to know where the current searches are going on. Oh, and they'd have to believe that the terrorist would be the one in 12 that would be caught.

The conversation probably went something like this: "We have to do something!" And a proposal to search everyone all the time came in. And the cost was figured out, and they said "we can't afford to do that." And so someone said, "we have to do *something* cause if something bad happens, we'll get blamed for not doing anything." "Okay, let's pretend we can do security..."

 

Politburo: "(Medicine, including contact solution, is exempt from the 3 ounce carry-on limit)"

Please note that this is "entirely at our discretion ma'am, and we do not allow saline. You must surrender it, or you will not be allowed to board."

 

Sure, Metro can search my bag. But all they're going to find is deez. DEEZ NUTS!!!!

Thank you. I'll be here all week.

 

How about, I consent to being searched, but only after you buy me dinner? I'd wear that shirt.

 

naomiray: what the israelis do might work in israel, but this is supposed to be an open society. if i wanted israeli-style security, i'd move to jerusalem, thank you very much.

 

sfw: I was going on what was in the article. Thanks for the info.

Naomi I can't say I find the Israel argument very convincing. After all, they do still have terror attacks, no? That doesn't mean that security is useless.. I just don't think the "but Israel does it!" argument is very persuasive.

 

First of all, the searches in Israel *do* slow you down. I'm talking when no one else is in line and then of course there was the time that a lady blew through security for reasons unknown and the entire line had to wait for the searcher to nab her before we could enter the train station. That one slowed me down by a good 20 minutes.

And the line blower (heh) appeared to just not feel like waiting in line, it's not like she had fashioned her baby into a bomb.

Also, in Israel, in my experience, they don't really care if you have a gun. They just want to know about it -- you're definitely welcome to trot one around the entire country if you desire. Those bag searches aren't exactly thorough.

 

Arglebargle:

Metro Transit Police Officers have jurisdiction and arrest powers throughout the 1,500 square mile Transit Zone, that includes Maryland, Virginia, and the District of Columbia for crimes that occur on or against Transit Authority facilities.


Not the last part: ON OR AGAINST TRANSIT AUTHORITY FACILITIES.

Persons who are standing on the sidewalk and have not committed a crime cannot be detained by transit police. That is in WMATA's own words.

All I'm saying is, it will be INTERESTING TO SEE HOW they plan to implement bus stop searches, given their own acknowledgement of their jurisdiction.

 

The thing that scares me is that transit police can arrest you for anything illegal--including stuff unrelated to terrorism--found in your bag. Isn't there a probable cause dilemma here? If they are searching your bag under the auspices of terrorism prevention, then does that not become their sole basis on which to justify the search? In other words, they should only be able to arrest you if they find something illegal that could be used in a terrorist act. I realize that this could be broadly interpreted, but I think it would at least provide some protection to the average citizen. I don't think it's right for someone to be searched and have nothing that would mark them as a terrorist but still get arrested for, say, marijuana possession when there would have been no probable cause for a drug search in the first place.

 

stapalouva: I read the same when I researched my previous post, and had a different interpretation. Remember, law enforcement jurisdiction is interpreted very broadly, for a good reason. In my opinion, WMATA Police searching bags of people waiting for the bus is a (lame) attempt to thwart attacks ON OR AGAINST TRANSIT AUTHORITY FACILITIES. (your emphasis)

This is really moot though, as the searches are only with consent.

 

newhampave,

The police do not need probable cause if someone voluntarily allows them to search their bag.

If the police find drugs after someone has consented to the search, then it does not matter what the police originally said they were looking for, they can still arrest the person.

This program reminds me of another recent winner from the DC police department--voluntary home searches.

 

"Persons who are standing on the sidewalk and have not committed a crime cannot be detained by transit police. That is in WMATA's own words.

All I'm saying is, it will be INTERESTING TO SEE HOW they plan to implement bus stop searches, given their own acknowledgement of their jurisdiction."

Re-read their jurisdiction. It extends 150 feet from any metrobus stop, that's how!

I'm not saying any of this bag check stuff is appropriate, but how is this constitutionally any different than going through airport security? MWAA owns and operates Dulles and National. WMATA owns and operates their rail stations. Supreme Court has upheld that you imply consent to a search of your luggage when you pass through the paid area of an airport. Is a subway station any different?

 

Samer: I've lived in Israel, and never noticed any significant (we're talking more than 5 minutes) waits at HUGE public gatherings where they checked all bags, so I doubt very much there would be a significant delay here. And we have to start somewhere with upping our security measures-- better this than nothing.

IMGoph: Israel is an open society, it is a democracy--the only one in the Middle East.

Caribou Barbie: While the security guards are searching bags, they are also looking at the biometrics of the person whose bag they are searching-- so even if you don't have a bomb in your bag, but one strapped to your chest, your body language will give you away and the security guard will take necessary steps to keep everyone safe. And you are right, carrying a handgun in Israel isn't as big of a deal as it is here, because Israelis are trained by the military on how to use them safely.

I just think we need a little perspective on the entire security issue. We have lived in a bubble for a very long time and need to weigh a little inconvience against the possiblity of violence.

 

NaomiRay: While the security guards are searching bags, they are also looking at the biometrics of the person whose bag they are searching-- so even if you don't have a bomb in your bag, but one strapped to your chest, your body language will give you away and the security guard will take necessary steps to keep everyone safe.

This is credulous fantasizing; it's authority fetishization. Go read that Atlantic article. It ably refutes the effectiveness of the "biometric" techniques that you allude to. Alternately, spend a few minutes speaking to someone from DHS and consider whether you think they're capable of inventing *amazing new psychic techniques* that allow screeners to see through attempts at deception.

The truth is that there are only two people who can always tell when you're lying: Santa and Wolverine. Unfortunately, both are imaginary. I'm sure that Israeli screeners are more competent than the average TSA employee, but imagining that detection of subtle behavioral clues can be a reliable last line of defense -- and thereby excuse the obvious inadequacy of more overt screening measures -- is not only foolish, but, within the context of your own apparent worldview, arguably quite dangerous.

As others on this thread have said, some risk must be accepted in an open society. Security theater is nothing but a colossal waste of resources, not the least of which are citizens' time and patience.

 

naomiray: you say in your reply to samer that

we have to start somewhere with upping our security measures
and i have to ask: why?

we don't have bombers walking into restaurants and blowing people up. we don't have a "palestinian" group to go with the "israelis" around here (if we equate american citizens to israelis).

you're advocating israel-style militant security here because of what? the daily threat of terrorism that exists there does not exist here. we don't have suicide bombers walking into cafés on a daily basis.

again, i ask why you feel this is necessary. because, to any rational observer, what you're advocating sure ain't necessary.

 

Well put, IMGoph; NaomiRay's bizarre fetishization of Israel's hyper-security apparatus (and complete lack of the 4th amendment) is just odd.

This is the US, not Tel Aviv. We should be moving this country toward policies and a society that nips terror threats before they even germinate rather than setting up walls, checkpoints, and search locations. Having checks like this on Metro is not an indication of a healthy society.

 

I'd totally be in favor of Israeli-style security checkpoints and random shakedowns, so long as I were allowed to openly carry my Galil SAR assault rifle onto the Metro, into Bar Pilar, and any Chinese carryout. Until then, you can eat it raw.

As for weighing "a little inconvience against the possiblity of violence," for years I have been demanding Government funding for some sort of early warning system that will alert people to the possibility of monkeys flying out of my ass. Yet my pleas continue to fall on deaf ears and I have to make do with a makeshift solution: a klaxxon horn that wails every 5 seconds to inform people that monkeys are not flying out of my ass.

I know what you're saying: "But monkey, isn't there some biometric solution to the imminent problem of monkeys flying out of your ass?" One would think that, unfortunately biometrics can be easily defeated using common household items.

Wake up and smell the pee, people. SCIENCE DOES NOT REMOVE THE TERROR OF THE GODS! THE WORLD ENDS TOMORROW AND YOU MAY DIE! QUIT YOUR JOB! SLACK OFF!

 

Man, all this fear fetishism is giving me a big rubbery one. Makes me long for the halcyon days of 2003 when Homeland Security would regularly raise the Threat Watch Thermometer from Green, to Yellow, to Red, to Black Watch Plaid, to the cover of the seminal Rush album, "Moving Pictures." Good times.

 

i always thought distant early warning was less about the russians and more about al qaeda. people just didn't know back then.

 

You do know you're safer on the Metro than walking down the street in DC, right? See, if those guys were shooting eachother at a bus stop, the cops could totally have found their guns and prevented the ensuing bloodbath. If they didn't get shot first, that is.

 

"Americans are asking, why do they (terrorists) hate us? ... They hate our freedoms -- our freedom of religion, our freedom of speech, our freedom to vote and assemble and disagree with each other." - George w. Bush, September 20, 2001, Address to a Joint Session of Congress and the American People

We don't have any more freedoms. The threat of terrorism is over. "Nothing to see here, please move along."

 

WMATA has an open invitation to search the contents of my colostomy bag. I have nothing to hide. But they might want to give up after the first three gallons.

 

first it was airport bag xrays, cool no big deal; then random personal searches at the airports; taking off shoes; now its random bag searches on public transportation. next we will hear that its imperative that we check people in all public spaces. random checks on the sidewalk outside your apartment. people walking around outside starbucks or banana republic need to be searched. shouldn't police be checking bags on the streets of georgetown. maybe we will start with 'near the monuments' how bout people playing kickball on the mall... or picnicking at screen on the green - lot a people there to both search and protect... (and although we aren't searching for people drinking wine in a public place, we will fine you for it)

 

@Cairo - sadly DC police already started doing this. Remember the Trinidad checkpoints?

So let me get this straight, as a citizen of DC I now no 4th amendment rights, to go along with my questionable 2nd amendment rights and taxation without representation? Whoo hoo. This place is like the walmart of constitutional rights, they keep rolling them back!

Also I agree with everyone else that this is nothing but true security theater. Anybody can easily figure out how to still do their terrorist act with these searches in place.

Basically people are being inconvenienced at best and losing their constitutional rights at worst for absolutely no gain in increased safety or security. Its the worst possible program that could be implemented.

 

tmoney: the problem is that the great majority of americans are very small-minded, and to be blunt, stupid.

they see this "theater" and they're happy to say "well, at least government is doing something, and they go back to watching TV or whatever-the-hell they were doing to kill brain cells. it doesn't actually have to be meaningful, or work, there just has to be the façade of meaningfulness...

 

"In America, they came first for the airline passengers, and I didn’t speak up because I stopped flying;
And then they came for the train passengers, and I didn’t speak up because I stopped using AMTRAK;
And then they came for the Staten Island Ferry riders, and I didn’t speak up because I stopped taking the ferry;
And then . . . they came for me on Metro. . . And by that time there was no one left to speak up."

 

They're doing random bag searches, not performing ethnic cleansing. Gimme a break on the over-dramatization.

How much of ordinary crime prevention is 'theater'? Everyone on this blog likes to say why having beat cops walking the streets is a deterrent, just for the mere fact they are there and showing their presence. Yet this goes too far as a meaningless gesture that will have no impact? How about the fact that personnel who will hopefully be trained in spotting suspicious behavior will now be present within the metro system in case of trouble. I'd say that's important enough a reason to be willing to put up with silly bag searches to justify their presence there (and hopefully some homeland security funding to do so).

 

thank god money grows on trees, krisa, and we can afford to homeland security-up the whole place.

damn good thing we can use those money trees to pay for everything else we need too. you've managed to assuage all my fears. thank god for you.

 
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