Lauri Apple got searched in the New York subway and I think she did exactly the right thing: Let them do it (otherwise, you can't get on the train), but tell the officer in no uncertain terms that it is a waste of time and a violation of your constitutional rights. I suppose you could also refuse, exit the station, then walk a few blocks up the street to the next stop and try again, which makes the whole exercise kind of pointless. Looks like ACLU and others might challenge the constitutionality of subway searches soon. See Lauri's other posts on the topic. Good blogging from the former Austin Chronicle writer and ACLU of Texas researcher turned law student.
If you use the NYC subways, you might also want to check out the Flex Your Rights page on how to refuse being searched without getting arrested or shot. Thinking perhaps better branding might help, Talk Left has designed Fourth Amendment subway totes at CafePress. Via Crimprof blog, listen to NPR's July 28 coverage of subway searches.
UPDATE: A lawsuit has since been filed, CrimProf blog reported.
Security theater is exactly right. All for show ...
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