October 29, 2008

Be Careful How You Act if You Refuse to be Searched in Metro

2008_1029_metro.jpg
Photo by doctorj.bass

The most ominous portion of yesterday's live washingtonpost.com chat with Metro Transit Police Chief Michael Taborn:

Washington, D.C.: I am opposed to these searches and plan on refusing any Metro officer's request to go through my bags. Because I'll be allowed to refuse search and turn around without being detained, I will simply enter the Metro through another escalator or elevator. How do you plan on addressing this loophole?

Michael Taborn: You may choose not to be searched and leave the station with your bags or other items. We do have a plan to address suspicious behavior.

So it's a consent-based search, but if you refuse to be searched, leave, and then try to get on your way to your destination by another entrance, that's suspicious behavior? We almost can't wait for these searches to begin so we can find out.

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So you're saying that I shouldn't nervously clutch my work bag and run out of the station? Hmmmm. PS -what a colossal waste of time.

 

I volunteer Sommer to take the bullet for the rest of dcist. To guarantee you get pegged as "behaving suspiciously" on Metro, be sure to do the following:

-wear a Snidely Whiplash curly moustache, black cowboy hat, and matching cape

-laugh diabolically while your eyes dart around nervously

-kneel on your prayer mat in front of the Fallout poster and pray towards Mecca

-make sure you brush your teeth and use deodorant.

That last one will guarantee you stand out as an oddball on Metro.

 

I am entirely against these searches to begin with, I think it's a violation of personal rights.

But that being said, no one should treat this as a game. If you have the time and energy to try and and run around and hide from metro security at another entrance, then you just suck.

Either show your shit or don't ride metro. It's not that complicated.

 

What about cargo pants?

 

So, they'll have a problem if I dress as the V for Vendetta guy for Halloween?

 

Please tell me that sign doesn't say, "Thanks for rideing Metro."

 

We do have a plan to address suspicious behavior.

a) we will ground you without an allowance.

b) we will raise one eyebrow and think, "hmmmm."

c) we will scratch our head, pause, then shrug our shoulders.

d) we will put a bullet in the back of your head, terrorist.

 

Here's a more logical question: what if I refuse the search and say "I'll just go to the Metro station a few blocks down the road." Chances are Metro Center will be the big place this will happen at, so what will stop people from refusing and walking the block or two to Federal Triangle or one of the Farragut stations? Because, since it's "random", chances are, even if they have the searches at all the stations, I won't be stopped at two different stations.

This is what I plan on doing; am I suddenly suspicious because I'm willing to get some exercise in order to protect my privacy/rights? Wait, getting exercise is so not American, so I must be suspicious!

 

So wonderwazz, you think that its a violation of your rights, but you shouldn't fight for your rights? WTF mate?

On a related note, I tried to take pictures of a fist fight at Gallery Place, and was told by a Transit Police officer that I couldn't exercise my first amendment right to free speech because the constitution doesn't apply when he's around. His words. (The correct answer would have been that its illegal to take pictures in the Metro, not that my constitutional rights don't apply) I called him corrupt, and three other officers who had been on the 'down' escalator ran to the bottom and chased me up the 'up' escalator (as I stood on the right hand side, slowly going up) and shoved me after I waited for them at the top, then threatened to arrest me for interfering with their investigation (which they never got to, because they followed me out of the station just as they had arrived).

I have no doubt how the metro police would act if I exercised my legal right to not allow them to search my bag. They would shove me like a pregnant woman talking too loud on the phone, then probably search my bag anyways after placing me under arrest for 'suspicious behavior'.

 

If you've got nothing to hide, then you've got nothing to worry about ;)

 

sticks, I'm just saying that fighting for your rights by trying to go to another entrance or another station is childish and pointless. You aren't demonstrating anything except that you have extra time on your hands.

If people are really against this, then don't use metro...

 

This is Metro we are talking about, after all, so don't mistake their ignorance for ambiguity.

 

My favorite was this response, wherein the questioner brings up a valid point, and Taborn just responds with a canned line he already used earlier in the chat without addressing the real issue at all:

Green Line Rider: If you're not going to search every single person coming into a Metro station, how is the policy effective? Anyone with illicit substances will simply refuse to be searched and go to another station. If you don't search everyone, then it's not worth doing. If you do search everyone, then you'll probably lose half your ridership out of frustration with the delays (think security lines at the airport). Why not just take those officers and put them more visibly on the platforms and in the trains/busses?

I certainly will think twice about riding Metro if I'm going to be randomly selected. I consider that an infringement of my rights for no apparent gain in security.

Michael Taborn: Legal authority to inspect packages brought into mass transit systems and other venues has been upheld by the courts in numerous jurisdictions. Metro�s inspection program is very similar to the one conducted in the subway system in New York City. The United States Court of Appeals for the Second Circuit has specifically ruled on the constitutionality of the New York program in MacWade v. Kelly.

 

If i choose to fight for my rights its childish and pointless? Should I just take whatever they dish out in the name of not wasting my time?

 

I love, love, love how Taborn's answer completely avoids answering the question. Awesome leadership!

 

If you've got nothing to hide, then you've got nothing to worry about ;)

lax01, make sure to tell that to them when you get mistaken for know terrorist lax10. Because god knows petty bureaucrats have never been known to make clerical errors.

Also, to avoid suspicion, keep a sock puppet with googly eyes and deely bobbers with you at all times. When approached by Metro security, insist that they address the puppet and not you directly. When pinned to the ground for resisting arrest, make sure you have the puppet scream, "I AM NOT RESISTING ARREST."

 

ahahah...it just means that most of you have to hide your drugs better...they can't search everywhere

 

flamingcissy: It's the American way. Look no further than the presidential debates.

 

Actually, going to another station demonstrates that the entire enterprise is pointless and accomplishes nothing. Those who are just going about their business and being law abiding citizens will consent to be searched, while those who are up to no good will simple do no good at another station. It is a complete waste of time and energy for everyone involved.

I have no problem with security, but I expect it to be good, well thought out security that accomplishes goals. Random searches will only look for things (food, for example), not look for threats. So explain to me how a pickpocket will be searched and stopped at the entrance of a Metro station?

This. Is. Pointless.

 

why even have this argument in DC when it's already been had in NYC?

http://gothamist.com/2005/07/26/give_me_liberty_or_give_me_my_subway_ride.php

 

Wow, this guy is a moron...

Alexandria, Va.:Good morning, Mike. What did you have for breakfast today?

Michael Taborn: Legal authority to inspect packages brought into mass transit systems and other venues has been upheld by the courts in numerous jurisdictions. Metro's inspection program is very similar to the one conducted in the subway system in New York City. The United States Court of Appeals for the Second Circuit has specifically ruled on the constitutionality of the New York program in MacWade v. Kelly.

 

Sure fire suspicion determent: I sometimes fill my bag with 10 ziplock bags of my own piss and excrement, and just let them search away. I call that the "stinky probing stick".

I agree, if you have nothing to hide you have nothing to worry about. But you see the problem is that some people I know keep loose weed, a few pipes, an "after midnight costume", and a six pack of Beefeater in their bag most of the time- and that's all good, but I don't want them to see my high school musical fan magazine. Some things in the dora the explorer backpack are private after all.

 

I've got nothing to hide, but I do feel better knowing that they're out there....just in case something does go down. I mean...come on..we've been sitting ducks for years. Now that they know the Big Drake is out watching over us perhaps we can all travel safer.

Don't carry your weed on Metro.

 

better yet, insist that the cops use a sock puppet to talk to your sock puppet.

you can even bring one along for them if they've forgotten theirs!

 

So ladies, remember: if someone in a WMATA Security Uniform and a gorilla mask pulls you aside at the top of the Metro escalator to conduct a random strip search, don't be alarmed. Do whatever he tells you. Just relax in the back of his Chevy van while he puts some Barry White on. How about a glass of Champale? That's right, ease them panties on down while Agent Monkey does his thang. I gots the speculum is all warmed up for you. Care for some pudding? Now that's the kind of pudding that only $240 can buy. Aw, yeah.

 

Wow, my diet of reading monkey comments really must be working, because all of a sudden, I'm not hungry any more.

Speculum.

Shudder.

 

let's have some fun with this one:

Lanham, MD: What do you think about the possibility of extending the green line out to BWI and how that'll affect your officers' ability to keep things "secure"?

Michael Taborn: Legal authority to inspect packages brought into mass transit systems and other venues has been upheld by the courts in numerous jurisdictions. Metro's inspection program is very similar to the one conducted in the subway system in New York City. The United States Court of Appeals for the Second Circuit has specifically ruled on the constitutionality of the New York program in MacWade v. Kelly.

 

If feeling the need to point out a massive hole in a security net, and demonstrating that hole to the powers that be, is being childish, well than, I guess I'm just a Toys R Us kid.

 

@ Kelly

Yep, that's what it says. It's the 13th St exit at Metro Center and it's been there for over 2 months.

I still get a kick out of it everyday.

 

Foggy Bottom, DC: Sir, is there any truth to the rumor that you were observed fondling two well-endowed male sex workers on the orange line this morning?

Michael Taborn: Legal authority to inspect packages brought into mass transit systems and other venues has been upheld by the courts in numerous jurisdictions. Metro's inspection program is very similar to the one conducted in the subway system in New York City. The United States Court of Appeals for the Second Circuit has specifically ruled on the constitutionality of the New York program in MacWade v. Kelly.

 

Arlington, VA: If you're only selecting random customers for searches, what's to prevent two terrorists from entering Metro at the same time? If you're selecting people based on some arbitrary number (every seventh, every seventeenth), that eight or eighteenth terrorist will get through, right? How much are you being paid to come up with this nonsense?

Michael Taborn: Legal authority to inspect packages brought into mass transit systems and other venues has been upheld by the courts in numerous jurisdictions. Metro's inspection program is very similar to...

Arlington, VA: Listen carefully to me, Michael. I. Am. Lying.

Michael Taborn: That is illogical. If you are lying, you cannot tell the truth. If you are telling the truth, that means you cannot be lying. You lie. You tell the truth. Illogical! Illogical! Please explain! Only humans can explain their behavior!

Arlington, VA: I'm sorry, but I'm not programmed to respond in that area.

 

Don't touch me!

 

"Either show your shit or don't ride metro. It's not that complicated."

This is such BS. I can't believe so many people are willing the let their rights slip away because they aren't doing anything wrong. The last time we went down this road, being Japanese was considered "doing something wrong." I guess that was all cool with you?

WTF. If you don't give a crap about all the rights our ancestors have fought for four hundred years why bother living here. There are lots of countries where you have fewer rights and maybe you'll feel safer. Like France, where you can't wear a turban.

Oh wait, they have a hell of a lot more train bombings then we do. Maybe these measures JUST DON'T WORK ANYWAY and this has nothing to do with security. People who want to blow other people up will find a way to do it. A stupid random checkpoint just WILL NOT STOP someone who has entered this country illegally, obtained explosives or toxic gas, and is ready to die for their cause.

 

I don't buy the "if you've got nothing to hide, you've got nothing to worry about" argument. I have nothing to hide and I am opposed this policy because I value my privacy.

Don't give up your rights so easily or assume "well, they probably have a good reason for this..."

 

Those of you who oppose the searches on grounds of invasion of privacy: do you have the same complaint regarding airport security? I'm just curious. This seems to be like an obvious and overdue measure (but to be carried out in an ineffective manner, natch). But I feel like maybe I'm missing a reason to be outraged?

 

"Don't carry your weed on Metro."

Nah, just don't carry your weed on Metro in a big duffle bag with "BOMBS" stenciled on the side of it.

 

@orangeline: While I personally think airport security is also pretty stupid, since in the last test 21 of 21 airports failed to detect bomb components, there's a big difference.

Airplanes are privately owned.

Metro is not.

 

Always carry embarrassing stuff that will freak out the bag inspectors. Lots of porn, dildos, a deflated sex doll, etc.

It'll be fun watching them squirm!

 

One other thing about airplanes versus trains: everyone gets screened on airplanes.

You can't screen every one of the 1.2 million people who ride metro every day, or even a fraction of them. The system would be useless.

And anyway you can't hijack a train and crash it into the world trade center.

Can you imagine a TSA security line to get on metro? Wow that would be cool...

 

I also don't buy the 'if you've got nothing to hide, you've got nothing to worry about.' Just because I don't have anything to hide doesn't mean that I want WMATA officers to see my dirty sports bra coming home from the gym. Or that I'd let police officers search my home without a warrant.

@orangeline - I think airport security measures are ridiculous and I dislike not being able to bring in my coffee and having to have my $1 a pair plastic flip flops x-rayed and my bags poked through, but... they search everybody accordingly and it's the only way to get into my gate. I can't walk to the next checkpoint over, breeze through and then make it to my flight, yanno? And I definitely object when TSA forces a man to remove his pants without privacy, a woman wearing only a coat to remove her jacket, forces a woman to remove her nipple rings without privacy and mocks her while doing so or uses excessive force when arresting someone.

 

I don't get why private vs. public matters. In both cases, the goal is public safety. An attack on the Metro could be as devastating as a plane hijacking, considering the tracks run beneath some rather important and highly populated areas.

I dunno, I guess I accept the premise of giving up some level of personal privacy to be secure in public places. I accept it on planes, in museums, in government buildings. I don't see why Metro is any different. Honestly I was surprised when bag searches didn't start after 9/11 - and even more surprised after the Madrid bombings.

Whether they're going at it the right way is an entirely different matter (hint: no). But as to whether any search at all is a violation of rights...I suppose I've been conditioned to accept the overlords.

 

orangeline: thing is, it's not possible to give up, in your words, some level of personal privacy to be secure in public places. Some security = Security Theater, aka massive loopholes, and inconveniences and embarrasses people while not stopping any but the most idiotic terrorist. To truly see safety gains we would need to give up virtually all personal privacy and consent to continuous, unannounced searches, anytime, anywhere.

Some of us believe that this would take away an essential part of what "American freedom" means.

 

Everyone needs to stop crying about their privacy rights. Yeah, it's a stupid policy and likely will not be very effective, but if you don't like it, don't ride the metro. Riding the metro isn't a right, it's a privilege (maybe privilege isn't the best word, but it is a choice). If you do not like the screening policy at airports, can you refuse a search and still board the plane? No. Why should metro be any different? If you feel that your personal rights are being invaded, there are plenty of other ways to get around DC where you won't be searched.

 

mlwdc: Metro is ours. It's public, we the people own it, and (theoretically)we have the right to make decisions about how it is run. This is quite different from a private business, where boycott is our only source of power.

 

Somegirl: I agree that 100% security is impossible. I also agree that current execution (both proposed for Metro and existing for airlines) is often silly.

But searching people for, say, guns to keep those off the train doesn't seem to me like it would be the end of the world. It is possible to achieve moderate gains in safety with moderate increases in security. Just because we can't guard against everything doesn't mean we shouldn't try to stop anything.

Now, we won't be foiling the terrorists who put together 1.5oz liquid bombs or whatever the hell the airport thinks they're screening for this week. Obviously all manner of security screenings could stand a little review and improvement. But If methods are ineffective now, I'd rather they work to make them effective rather than scrapping them altogether.

 

Technically we the people own airlines too. They sell stock.

 

Metro is a government agency, correct, and partially funded by taxpayer dollars. That does not change the fact that a public transit authority has the legal and constitutional right to search passengers to ensure safety. In fact, they should have had a policy in effect a long time ago, especially in light of the attacks on the Madrid and London transit systems. The right to privacy is not an absolute right, there are other interests that must be balanced, such as public safety. Whether this policy will actually be effective is another story.

 

The United States Court of Appeals for the Second Circuit has specifically ruled on the constitutionality of the New York program in MacWade v. Kelly.

Did anyone point out to him that D.C. isn't in the Second Circuit?

 

Whether this policy will actually be effective is another story.

The problem is that it should be the whole story. There aren't many people arguing that Metro doesn't have the legal right to impose this program. They're arguing that it's offensive and a waste of time. I'd like to hear even one example of a crime that was actually averted through the New York program, which has now been running for several years.

 

searching people for, say, guns to keep those off the train doesn't seem to me like it would be the end of the world

Is it even illegal to carry a gun on the Metro? I'm no Second Amendment hawk but I'm guessing there are a lot of people who would have major problems with such a policy, especially in Virginia.

Again, the problem isn't that this program "only achieves moderate security," it's that it doesn't achieve anything at all. The only terrorists it even has the potential to catch are those who are both outrageously stupid and utterly inflexible about changing their plans and schedules. The possible violation of my "rights" I can more or less deal with ... it's the blatant violation of my intelligence that I find more annoying.

 

Fill your bag with sex toys, preferably out of their package.

 

Fill your bag with love and it'll all be groovy man.

 

Orangeline: We're talking about things that would fit in a backpack, not a goddamned truck bomb.

The guidelines for underground testing of even the highest-yield "suitcase nukes" (in reality the size of a trash can) would stipulate that 100 meters of sealed cavity is sufficient to safely ensure that it won't penetrate the surface. In a subway tunnel that allows pressure release, this is likely to be significantly less.

A suicide bomber could guarantee more damage from an explosive device by driving a block away before exploding it than from directly underneath it most of the system. And you could certainly carry about a thousand times more of it in a semi-truck than in a backpack.

 

People really misunderstand how to handle terrorism here. In an open, democratic society, no amount of security can stop a terrorist attack. None. Israel certainly has tried many measures, and they still see many terrorist attacks every year. You can't really stop terrorist at the "back end."

The only way to stop it is at the "front end", with intelligence and infiltration. The public isn't as generally interested in this, however, because obviously terrorist intelligence is a matter than usually remains secret. It's not as "sexy" as measures such as security theater, and the public doesn't see it, but it's a hell of a lot more effective.

 

Tommygun-bearing Metrogoons will definitely search people wearing bags over their heads.

 

Why is there even a debate? If kids can get searched at their PUBLIC schools, we certainly can be searched on PUBLIC transportation. Yes, this is an incredible waste of resources (money, police officers, and time) and I don't feel this will prevent any crime. It may help Metro Transit Police confiscate some herb or other drugs but they aren't really helping to protect the city or the Metro.

People using or carrying guns in DC probably aren't keeping them in their purses or fanny-packs. If I were strapped, I would keep it handy (i.e. waistband or concealed holster). Also, any terrorist who plans to blow up the Metro better have some plan more creative than "Oh, I'll just put the explosives in my backpack."

 

this is kind of like putting a gate at the front of the lawn when you don't have a fence. Except this is more "civil-rights-infringey," as legal scholars say.

But, it's here, so let's try to make the best of it by embarassing/offending the officers. Might i suggest always carrying with you a small bag that:

is full of women's panties -- particularly effective if you're a big man.

has at least three "massage wands" in it.

is rigged so that when you open it, about 100 copies of the Bill of Rights fly all over the place.

I'm sure you all have other ideas as well, but if you do this, then i bet you'll WANT to get searched just for the great reactions.

 

I second this: People who want to blow other people up will find a way to do it. A stupid random checkpoint just WILL NOT STOP someone who has entered this country illegally, obtained explosives or toxic gas, and is ready to die for their cause.


So if you don't have a bag, will you still be subjected to a search? What if you look suspicious? Don't the suicide bombers in Israel wear explosive vests or something? What about the Metro employees, will they be scrutinized as well?

Seems like more damage would be caused by bombing a bridge or tunnel to me, and that seems like it would be easy to do without being on board a train. This search policy seems like we are sacrificing our privacy for idiocy. It's just a show. Security experts know this.

 

I wonder what the Metro Transit Police will think of the shirt I just had made, with the arrow at the bottom pointing down, and the words "Search THIS Bag, Bitches!"

 

"They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."

-- Benjamin Franklin, Historical Review of Pennsylvania, 1759

 
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