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Judge upholds NY subway searches

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Published: Dec. 3, 2005 at 11:22 PM

NEW YORK, Dec. 3 (UPI) -- A federal judge ruled that random searches of bags belonging to New York subway passengers are constitutional.

The policy was adopted after the London Transport bombings in July. Passengers can refuse a search but cannot then enter the subway.

Judge Richard Berman said the threat of terrorism is real enough to justify the minimal inconvenience to passengers, the New York Times reported.

The American Civil Liberties Union promised an appeal.

"We don't believe the city has established that the program is sufficiently effective to justify suspicionless searches of hundreds of thousands of innocent New Yorkers," said lawyer Christopher Dunn.

Police Commissioner Raymond Kelly called the ruling a victory for common sense.

Berman heard testimony in October during a non-jury trial.

Topics: Raymond Kelly, Richard Berman
© 2005 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.

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