What’s Up with Subway Bag Searches?

In March 2024, NY Governor Kathy Hochul began deploying National Guard soldiers and State Troopers to check bags at NYC subway stations, before the turnstiles.[1]

The NYPD has been doing random bag searches at subway stations since 2005.[2] NYPD searches are only supposed to be for explosives, and they can only search large pockets of bags.[3] Their bag search program has been upheld as constitutional by a federal court as a “special exception” from the prohibition on the government searching you without probable cause to believe you are committing a crime.[4]

However, it is unclear if the National Guard is conducting bag searches that extend further than those of the NYPD, or merely stationed with NYPD while they conduct the searches.

When Can I Be Searched?

Bag searches are supposed to happen on a “random” basis, but the public has no information on how people are “randomly” chosen. Community members and lawsuits have pointed out that the police unfairly and overwhelmingly target Black and brown people for bag searches.[5]

NYPD are only supposed to search bags that might fit an explosive device. The NYPD are not supposed to open small bags, handbags or wallets, or the small pockets of larger bags. It is unclear if Hochul’s proposal for the National Guard is intended to expand the scope of what a federal court has already approved of, and future court challenges are possible. However, we know that law enforcement often breaks its own policies with impunity. If the police “incidentally” find illegal drugs or an unauthorized weapon while they are searching your bag, they can arrest and charge you for it.[6]

What Are My Rights If I Am Stopped and/or Searched?

If you are chosen for a bag search, a police officer or soldier will approach you, inform you that you have been randomly chosen for a bag search, and instruct you to put your bag on their table.

The National Guard is not supposed to have long guns at bag searches. They still will have long guns at other places in NYC they are deployed, like inside of Grand Central and Penn Station.[7]

You do NOT need to consent to having your bag searched. However, if you refuse, you will likely be told to leave the station and you must comply. It is unclear how long after refusing a bag search an individual may reenter the station. Accordingly, it might be best to enter the subway at a different station.[8]

Unless you are arrested or issued a summons, you are not required to identify yourself to police, nor show officers an ID.[9]

If you initially give consent and the police or soldier engages in a search that is more invasive than what is allowed, you can verbally object and withdraw consent. If a search goes beyond what you are comfortable with, it is always a good idea to say clearly that you do not consent. However, objecting and withdrawing consent is not certain to stop a search that is already underway, so it is generally safer to refuse consent in the first place.[10]

A police officer must identify themself if you ask them.[11] You have the right to film bag searches, as long as you do not “interfere” with the police or soldiers.[12]

Why is This Happening Now?

Kathy Hochul has admitted that having the National Guard do bag searches is not actually about public safety. She hopes they will be a “psychological” reassurance to New Yorkers.[13]

This is an inherently discriminatory practice, aimed to appease the New Yorkers who feel good about seeing other people’s rights violated.

Stop the militarization of our public spaces.

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