Legal Question in Criminal Law in New York

As you may know, the subway system in NYC occasionally has the following announcement: "your bookbags are subject to random search"- isn't this against the law for them to search your person without reasonable cause?

Also, let's say you have been "randomly" selected and they happen to find drugs in your bag. Can you get in trouble even though the purpose of the search is really to prevent terrorism?


Asked on 1/25/11, 3:20 pm

1 Answer from Attorneys
peter bark bark & karpf

You do do not have to consent to the search but you would then have to leave the subway immediately. The check points are placed just before the turnstiles so if you refuse consent you will not be allowed on the subway. If you have consented to the search any contraband found can cause you to be prosecuted.

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Answered on 1/27/11, 5:36 pm


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