Decius wrote:

In addition, behavior-recognition teams will be dispatched throughout the subway and bus system as part of the program. Those officers will be authorized to search a person’s bag if they believe it is warranted.

I don't buy the arguement that this is constitutional. It doesn't fit the parameters of the NYC system. Specifically "behavioral teams" are looking for anyone who might be nervous. This is targeted, not random, and doesn't rise to probable cause.

I won't say that by itself it's unconstitutional, but I'd just about guarantee as applied it will end up not being so. Targeted doesn't make or break the constitutionality question. You can target as long as you aren't doing so in a discriminatory manner. An example of this is road checks as rock concerts. That's targeted, but not in a discriminatory manner (by default). Another example would be metal detectors by the venue at a show by 50 Cent, but not the Eagles (that's probably a good idea, the ones going to see the Eagles will set off the detectors with their artificial knees/hips etc). Again, not a constitutional issue, although we're getting closer.

What will end up happening here is because of past problems, certain groups will be more nervous having cops around in the first place, which will cause them to be searched, which will give them more cause to be nervous, and so on. It becomes discriminatory, and then it goes right down the tubes (no pun intended).