Garvey's Ghost: Black Talk

The Police State is Now in View

Mark today on your calendar. Today the Transit Police in Boston Mass. started to "randomly" search commuters. This is in response to the train bombings in Spain. There is a saying that those who would discard liberty for security deserve neither. I agree. Apparently Americans are so bull headed, so arrogant. So..racist that they are willing to live in a police state in order to feel "safe." And be clear this is now a police state (until the Supreme Court steps in and does with it is mandated to do: uphold the constitution). And do not think for a minute that this will stop with "random" commuter searches. Soon you may be pulled off a bus or train for no apparent reason. You may soon find that you may be accosted in your house and have your house searched for no apparent reason. And what if you refuse? Well given what happens at Airports around the nation, You can expect Abu Gharib type treatment. I'm Black. Black people have been here and done this. Some apologists will say that they have nothing to hide and if you don't then you should not be worried or concerned. That's not the point. The reason the 4th and 5th Amendments exist is to maintain the citizens presumed innocence. Innocence that is legally presumed until conviction of some crime by a Judge and/or Jury. Unfortunately, America, ( besides it clear breech of constitutionality in regards to black people), has been moving very quickly in the direction of guilty upon suspicion. Thus anyone can be treated as a criminal simply for being percieved as suspicious. The other reason for the 4th Amendment is that one is protected by the forces of the State to not only sieze your property but to also prevent the state from attempting to use your property to frame you. Thus the law specifies that a warrant must be for specific items. Clearly a search on an innocent person for possible contraband in order to determine "guilt." is in violation of ones constitutional rights. For example, If a search wielded a knife, would that person be suspected of being a terrorist? A murderer? Does not a citizen have a constitutional right to bear arms? What law is a person in a public place on a publicly funded transport system, breaking by having a knife? Furthermore, If such "random"searches are upheld? Soon Police would be able to grab up anyone on any suspicion.

Full text follows:

OSTON (AP) -- Transit police will begin randomly stopping riders on Boston's subways and commuter trains next month to search their bags and packages, a procedure transportation officials say was largely prompted by the March 11 train bombings in Spain.

The new policy is set to be in place for July's Democratic National Convention, MBTA Police Chief Joseph Carter told The Boston Globe for a story in Tuesday editions. It will include explosive-sniffing dogs and all 247 uniformed Massachusetts Bay Transportation Authority police officers, he said.

"I have no trepidation about being first (in the nation with the policy)," Carter said. "I don't want to be the first to do an interview about having a serious incident that may have some terrorist indications to it. ... We want to do this to encourage people to feel safe on the MBTA, to utilize public transportation."

Carter said MBTA has not announced the new policy formally because officials still are working out the details on how to balance security and privacy concerns.

Last month, MBTA police announced the entire force has been receiving counterterrorism training that includes spotting suspicious behavior. MBTA police already can request to see the identification of passengers they perceive to be acting suspiciously.

Last month, the U.S. Transportation Security Administration unveiled a pilot program to screen the bags of all passengers at a single Maryland Rail Commuter station in suburban New Carrollton.

MBTA Deputy Police Chief John Martino, who is overseeing the development and implementation of the search policy, said police, sometimes accompanied by explosive-sniffing dogs, will randomly pick out riders for inspection throughout the transit system daily. He said the number of inspections would increase dramatically during the convention July 26-29.

Carol Rose, executive director of the American Civil Liberties Union of Massachusetts, said that while she understands the need for security, the MBTA plan is deeply flawed and may violate the U.S. Constitution's ban on unreasonable search and seizure.

"The Fourth Amendment doesn't stop at your wrist when you carry a briefcase; it includes your bag," Rose said. "It either has to be truly random, or it has to have a root in a reasonable basis of suspicion."

The March terror bombings in Madrid, Spain, killed 191 people and were blamed on Islamic militants with possible links to al-Qaeda.

Links:
http://www.cnn.com/2004/TRAVEL/06/08/boston.transit.search.ap/index.html