If you live in New York City, you may know that Governor Katy Hochul ordered the deployment of 750 National Guard soldiers together with 250 additional law enforcement members to start conducting bag checks on NYC's subway last week, on March 6th. Some agree it may make transit feel safer, while many criticize this move. What's the point of having the National Guard randomly select a few people from the crowd for a bag check?
Maybe some of you have already encountered these soldiers, and you're probably wondering if consenting to the search is even an option. Can you refuse to surrender your bag for a random check?
The short answer is yes, you can, writes NY Times:
Under the Fourth Amendment, which guarantees the right to protection from unreasonable searches and seizures, a rider can decline a bag search if the police do not have a reasonable suspicion that the rider has done something illegal or is carrying a weapon.
Thanks to the Fourth Amendment, you have the option of saying no. The Governor confirmed this in her interview but indicated that you'll have to leave the subway if you decline a bag check request. Is this fair? I mean, I think it's a grey situation. You have a right to refuse, but they're taking away your right to use public transit. It's public, not private, so it doesn't seem just. But hey! At least a stranger won't rummage through your personal belongings.
I'd take a wild guess and say that women will be subjected to these searches most of the time since men rarely carry bags. Duffle bags and work bags, possibly? And backpacks, too?