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.

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.

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.

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