Judge Limits Searches Of Convention Protestors

Marc at Cranial Cavity is all over U.S. District Judge Sweet's decision preventing New York City Police searching demonstrators’ bags outside the Republican National Convention.

In a case brought by the American Civil Liberties Union Judge Sweet prohibited the New York Police from searching the bags of all demonstrators at the Republican Conventiion:

The plaintiffs’ claim for injunctive relief with respect to the bag search policy is granted, and the NYPD is hereby enjoined from searching the bags of all demonstrators without individualized suspicion at particular demonstrations without the showing of both a specific threat to public safety and an indication of how blanket searches could reduce that threat. Less intrusive searches, such as those involving magnetometers, do not fall within the scope of the injunction.

Judge Sweet's 78-page decision is available here in PDF format.

The ACLU couldn't be happier.

Marc is not happy, the cops are mad , the New York Daily News is ballistic, and New York Mayor Bloomberg promises an appeal.

Comments

[Robert Savitsky]

Judge Sweet recently threw iut a conspiracy and NY Judiciary Law 487 in case 98 civ. 9051 which boggles the mind given enormous evidence in file and referred to in the complaint. Seems he is clearly a sympathizer with law violators. You must see party admissions and boxes of evidence to appreciate it Appellate court which overthrew Sweets easlier dismissal clearly felt Sweet would bring it to trial if evidence were properly referred to in remand It was and he threw it out again.

[Andy]

Why not just seal the bags and arrest anyone who breaks the seal? Or encase them in plastic bag or shrink wrap?

No privacy violations will occur.
Bags can be numbered and assigned photo ID. Then if one blows up, we know to look for.

Obey the letter of the law.

[Steve]

I wonder how this decision will impact the Boston PD's decision to randomly search the bags of T (subway) commuters?