by @BarryRafkind in Public Health & Safety
Posted on January 2, 2009 at 2:24 pm
Last Modified on January 2, 2009 at 7:30 pm
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On my way down to the train at Davis Station around 8:30am this morning, I was about to pass through the gate when a transit officer asked me to submit to a bag inspection. There was a group of about 4 or 5 officers wearing yellow and black jackets standing next to a small folding table with a machine on top.
I was annoyed because my train had just come up to the platform, so I was afraid I’d miss it. So, I obediently went over to the table, and asked if I had the right to refuse the inspection. Yes, I could refuse, they told me, but then I’d have to leave the station. One officer at the table asked rhetorically why anyone would want to refuse. I complied because I had nothing to hide and I wanted to get it over with so I could catch my train.
The inspection consisted of rubbing a small piece of fabric or cotton around the exterior of my backpack. Then, the fabric was put into the machine. The officer performing this task explained that he was testing for explosives. No personally identifying information was requested from me. The test was negative, so I could get on my way. It’s notable that this test used a computer instead of a bomb sniffing dog, I wonder which is more effective and what the cost savings are.
The whole inspection took about 30 seconds and I was actually able to catch my train to Porter Station where no inspections were taking place. When I returned to Davis Station about an hour later, around 9:30am, the officers were gone.
The inspection left me feeling annoyed, inconvenienced, and surprised. I also felt vulnerable because I didn’t know my rights. I think the MBTA should do a better job of publicizing its inspection program so people can mentally prepare for it. The MBTA Police website contains a link to information on its bag inspection program near the bottom, but this information dates back to 2006 and made no mention of activities going on this month.
I wonder about the rates of false positives and false negatives of the explosives test. How effective is it at deterring or catching people who carry bombs? And why only inspect the exterior of the bag when there could be dangerous items inside?
Have you or someone you know been inspected? What was the experience like?
Note: I cross-posted this on the Davis Square Live Journal here.
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Thanks for your detailed description and thoughtful questions, Barry- and for the cross-posting at http://community.livejournal.com/davis_square/1590977.html
which has inspired many lively and smart comments.
The ACLU has posted fact sheets, “Know Your Rights- Stops and Searches on the MBTA” at: http://www.aclum.org/pdf/KnowYourRightsMBTA.pdf
The fact sheet states, “if you do not wish to be tested, MBTA policy says you may refuse and leave the T. If you refuse to be tested, but enter the T anyway, you may be arrested and prosecuted for trespassing.” The ACLU says that this is in contrast with our constitutional rights, which are explained as follows: “Police cannot detain you or require you to answer questions simply because you refuse to have your bag tested.”
Practical guidance is offered as well, including to state clearly that you do not consent to what the police are doing, and to not resist physically, run away, or bad-mouth the police. In addition, anything they find on these warrentless searches may be used against us, so for people who carry medical supplies such as needles etc., it could be a dismal and time-consuming affair if the officer initially misconstrues the “evidence” and decides to widen the search.
I am especially concerned about 2 issues: the continued targeting of “looks like immigrant,” and also the “suspicious behavior” databases. The latter began with pilot program trainings (LAPD and other cities) labelling 65 specific behaviors as suspicious. This methodology is progressing towards a public education campaign called “iWatch” which will instruct citizens on specific behaviors to report to authorities-! Along those lines, I think the “Secure Flight/no-fly” operation is about to kick in this month…
A Spanish “MBTA know your rights” information brochure is found at: http://www.aclum.org/pdf/Operation_Safe_Commute_SPANISH.pdf
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I posted a comment over at the LJ post but thought I’d add my 2 cents here, too. These searches are an ineffective waste of resources.
I share all of the concerns expressed by eila
I have a strong objection to such “random” searches not based on probable cause.
We all have biases and officers are prone to unintentionally profiling people of various ethnicities, ages, complexions, etc. Profiling based on race, gender, age or religion is UNCONSTITUTIONAL.
Submitting to these searches, which may include the inspection of the inside of one’s bag, can lead to arrests for any other illegal possessions not included under the security rubric. In other words, submitting to the “security search” is effectively giving up your right refuse to be searched without a warrant.
These search stations condition us to accept violations of our civil liberties and all that entails, including the “inconveniences” which should not be part of a free society.
I would like repeat eila’s recommendation of the ACLUM Know Your Rights – Stops and Searches on the MBTA pamphlet (PDF).
From the passage she cites, which states that “Police cannot detain you or require you to answer questions simply because you refuse to have your bag tested” says to me that the threat of arrest for “trespassing” if I assert my right to not be searched as a condition of riding the T is starkly unconstitutional. I find it highly offensive.
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Are you joking? You want the T to publicize when/where the inspections will be?!?!? That would defeat the primary purpose of the program: Keep the bad guys guessing!! It amazes me how many people still JUST DONT GET IT.
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They were doing searches today (Friday 1/9) at Porter Sq. I was going to refuse but I was not one of the chosen few. I object for a number of reasons:
1. ineffective – a real “bad guy” will simply access the T at another time or station
2. waste of money (see #1)
3. not fair since people are not checked at shopping malls, in their cars (the majority method of transportation in the US), on docks in the harbor, etc.
4. the police usually overreact – examples: someone on a plane complains about someone speaking Arabic. They check them out, they have no weapons, etc., yet they still pull them off the plane and never apologize or explain anything.
5. the previous day I had a nitropaste (2 % nitroglycerine) prescription in my briefcase. If that had set off the instruments, they probably would have shut down the station and carted me off instead of simply concluding it is was what the prescription label (see #5) said it was and I had the right to carry my legal presciption.
6. I’ve worked with GCs and Mass Specs in the lab. There’s no way these simple portable instruments can detect hundreds of volatile explosives in a second or two, at least not accurately and probably not at all.
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The T’s baggage inspection program seems to be very effective. The number of succesful terrorist attacks on the MBTA equals zero.
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The number of terrorist attacks on the MBTA also equaled zero before they started the baggage inspection program.
One officer at the table asked rhetorically why anyone would want to refuse.
Because I’m running late, my train is about to leave and I am not carrying anything that will harm the MBTA or anyone on the MBTA. Also you don’t have a warrant, the T is a public entity and I have a monthly pass which entitles me to unlimited use of the T.
As for ethnic profiling, I can not think of any profile where they would have picked Barry to search except by using a random search. Like search every fifth person.
I am tired of living in a country which does not value civil liberties anymore.
Okay there is my rant. It is 3:30 am so I probably shouldn’t be typing anything.
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It’s quite clear that the Transit Police’s Random Baggage Inspection program has been a succesful deterrent.
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Here is information about your rights to refuse MBTA security search and consequences.
http://www.aclum.org/pdf/KnowYourRightsMBTA.pdf
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fyi if you refuse at one station you are allegedly not (according to the officers) permitted entry at a different station.
in addition, if you refuse at one station, they may (and have(!)) signal to other stations to prevent you from entering, so plan on having access to a bike or cab fare.
thank you for the ACLU link; it’s a shame the public service that drew me to this city is becoming such a headache and target for baseless fear mongering.
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IT IS ILLEGAL to search and sieze and WE THE PEOPLE are allowing the slow progression of the police state to creep into power. WE pay the MBTA to transport us, WE CAN REFUSE to use it if they continue to invade our privacy. Like the cameras aren’t enough of an invasion. THEY ARE TESTING COMPLIANCE with the people. DO NOT ALLOW yourselves to be violated this way so willingly because you have somewhere to go. Give it a few years and you will see police presence everywhere. It’ll come much faster if you dont stand up now. Hitler was a box of cupcakes compared to what the MBTA and FEMA have in store for the population!!!!!
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