Transit & the Fourth Amendment
Friday, October 31st, 2008 Posted by Fred Jandt
Editor, Mass Transit magazine
The Washington Metropolitan Transportation Authority (WMATA) stated they would be starting random bag checks at Metro stations. Since the announcement, people have been up in arms. I’ve read complaints ranging from why didn’t WMATA ask for opinions before they installed the program and am I going to get locked up for bringing a sandwich on the train to they are denying me my Fourth Amendment rights.
My response to this — so what!
I know I am going to bring down the ire of a certain segment of the populace with that comment, but really, this seems much ado about nothing.
How many of us have at one point in our lives been asked a question by a police officer? One Saturday morning I was heading out way too early and went to get a soda from the fridge in my garage. When I walked out, I was blinded by a police officer shining a light at me. He wanted to know what I was doing coming out the side door of a garage in the dark at 4 a.m. I just told him this was my garage and my soda — and I was probably brusque with him because, well it was my property. My anger quickly dissipated to gratitude when I found out he was in the area because one of my neighbors had their garage broken into that night.
If a police officer called you over as you were entering a transit station and asked where you were going, what would you do? Hey, I would tell him the truth. Contrary to popular mythology, most police officers are decent folks just trying to earn a living like the rest of us. The stereotypical jerk is few and far between, with more stories of them than actual sightings — everyone has got one.
The folks over at Flex Your Rights, “disputes the notion that citizens must prove their innocence in order to use public transit. Moreover, we have serious concerns that this territorial expansion of police search powers is doing grave damage to people’s understanding of their Fourth Amendment protections against unreasonable searches and seizures.â€
Really? Who is asking anyone to prove their innocence? As for territorial expansion, this program is already in place at Amtrak and several other transit authorities.
Flex Your Rights is also distributing a flyer asking, “Do you fear that we will have fewer and fewer public spaces where we can be free from random searches?†and “Do you think that this program is another step towards the creation of a ‘police state’?â€
Huh? A police state? One of transit’s biggest problems is simply the ability to secure it properly, especially for large systems. How do you keep hundreds of miles of rail monitored at all times? How do you keep hundreds of stations safe?
Transit’s openness is its greatest weakness. Let’s take the recent Metrolink tragedy for example. If the accident had been caused by a bomb that caused the train to run the red light and crash into the other train, what would have happened? Everyone would have asked how something like this could have happened. Where was the transit security? Why weren’t bags being checked?
One of the other arguments is that this system (random checking) will be ineffectual and it is a waste of time and money. Held up as an example of what should be done is the Broken Windows Theory, which basically says if minor crimes are left unchecked then they will grow in number, spawning major crimes and so on. To prevent this, a greater police force should be installed to crackdown on all the rules infractions, thereby preventing anything major (such as a bomb) from happening. Isn’t that a police state?
Whenever something like this comes up, people pull out their handy abridged copies of the Bill of Rights and cry foul not stopping to think of the context those amendments were written in and how they are much larger in scope than this.
The Fourth Amendment was conceived during the years leading up to the American Revolution to prevent the abuse of general warrants being used to raid houses looking for people and/or material viewed as seditious England (and really the King).
You know what, if a cop kicks in my front door with a bogus warrant searching for “seditious†materials, then I am going to cry foul. But asking people politely if they could look in their bags — and mind you they can refuse, they just can’t enter the system if they do — isn’t the same thing. That’s not an abuse of rights, that’s trying to make the system safe in the best way they have available to them.
Transit always gets stiffed on this sort of thing. While we have to virtually strip down to get on a plane these days (even if it means missing your flight), no one argues about it. Sure there is a reticent amount of grumbling, but I don’t hear people screaming about their rights being abused when airlines started making everyone take their shoes off to get on a plane. Or remove all liquids from their carry-ons. Or take out their laptops from their bags. Or remove any sort of coat. Or belt.
Before we cry foul, why not give it a chance. If the number of people missing their trains exponentially increases over the next few months, then this isn’t working. If there are numerous complaints about abuse, then this isn’t working.
But to start a campaign about this before the program even begins is ridiculous.
Thanks for reading the MT Position updated every Friday,
