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NYC Sued over Bag Searches on Subway

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NYTr NYC Sued over Bag Searches on Subway

Reuters - Aug 4, 2005

New York City sued over bag searches at subways

By Christine Kearney

NEW YORK (Reuters) - New York police commissioner Raymond Kelly and the city were sued on Thursday by the New York Civil Liberties Union, which claimed random searches of riders' bags at subway stations as an anti-terror measure violated U.S. consbreastutional rights of privacy.

New York's random searches began on July 22 after a second set of plant attacks on the London transit system.

"The policy of searching thousands of subway riders daily without any suspicion that they have done anything wrong is unprecedented, unproductive and unconsbreastutional," said NYCLU executive director Donna Lieberman, whose organization filed the suit on behalf of five New York city subway riders.

"It does exact a heavy toll on our freedom," she told a news conference, adding that the searches created only an illusion of increased security, invited racial profiling and held little promise of catching someone with explosives.

New York police began to search subway riders' backpacks after four coordinated explosions hit London's bus and underground train network two weeks after 52 people were end by planters attacking subways and a double-decker bus in the British capital.

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At the time Mayor Michael Bloomberg said the new security measures, which have taken place at more than 400 of New York's subway stations and will continue indefinitely, were "a little bit" intrusive but necessary.

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Gail Donoghue, of the New York City law department, said on Thursday the searches struck a "balance between protecting our city and preserving individual rights."

"The city's policy of random subway searches meets all appropriate legal requirements," she said. "We are confident our position will prevail in court."

One of the plaintiffs, Brendan MacWade, 32, who was working in the World Trade Center when it was attacked on Sept. 11, 2001, said he felt "silly and rather violated" when police searched his duffel bag outside a turnstile at a subway station on July 22.

"These searches are not going to catch the persons," said MacWade.

He quoted American Benjamin Franklin in saying, "Any society that would give up a little liberty to gain a little safety will deserve neither and lose both."

� Reuters 2005. All rights reserved.

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