Democratic governor of New York, Kathy Hochul, has unveiled a plan to improve safety in the subway system, with an emphasis on lowering transit-related crime and tackling issues like prostitution and illegal immigration.
A new five-point strategy was implemented in response to recent attacks in the subway. According to data from the New York City Police Department, as of 2024, crime in the New York City transportation system rose 13% compared to the same period last year.
However, worries about passengers’ privacy are growing as the subway system uses more and more searches for bags. According to the New York Civil Liberties Union’s lawsuit against the city, the extensive bag searches conducted as part of the program violated the constitution. A federal appeals court validated the NYPD’s program in 2006; it appears this week’s announcement is based on that program. NYCLU’s legal director, Christopher Dunn, and University of Miami School of Law professor, Ricardo Bascuas, discussed citizens’ rights as New Yorkers and subway users at a bag search checkpoint.
According to the NYPD’s policy, riders have the option to refuse a search, in which case they must exit the subway system. However, the appeals court ruled that people could not reaccess the system to evade the search because doing so could result in their apprehension. The procedure for a rider to re-enter the subway after refusing a search is unknown.
Because officers were not permitted to search for additional contraband beyond the focus, the appeals court sustained the NYPD’s program. Officers may, however, arrest if they discover unrelated contraband on someone’s person.
You have the right to object to the search or to withdraw your consent and get out of the subway if you believe the police are searching you illegally or you’ve been singled out because of a protected characteristic (race, creed, etc.) Following the incident, you can file a complaint with the Civilian Complaint Review Board to voice your displeasure with the actions of an NYPD officer. You can report a state trooper or national guardsman in question as a civilian to the relevant authorities.
