Legal Question in Civil Rights Law in New York

Re: Are random searches for bombs a violation of civil rights?

If a subject consents to a search there is no violation as probable cause is needed, the real question is what if a subject refuses but the police officer has reasonable suspicion of criminal activity.

Police officers have the right to conduct brief "stop and frisk" acts where there is a reasonable suspicion of criminal behavior even absent probable cause, but where searches are conducted as "random" it is doubtful that at least an initial encounter could raise reasonable suspicion.

The million dollar question is what if a random search elevates into a reasonable suspicion situation by virtue of the subject's reaction and refusal to consent. The answer is we just don't know but eventually this scenario may be litigated.

The second and third questions are easier. If a police officer searches your bags (with consent or legally based upon probable cause or reasonable suspicion) and he finds contraband including drugs or weapons the subject can be validly arrested, even if the contraband was not the initial purpose of the search.

And according to the NYPD and NYC directives, the police will allow a subject to refuse a search but if the subject does so, they will not be permitted entry onto a train or subway at that station, it is unclear whether they will be permitted to walk away unescorted and allowed to attempt entry at different station.

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