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Thursday, March 7, 2024
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New York|Do You Have to Let the National Guard Search Your Bag on the Subway?

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DO YOU HAVE TO LET THE NATIONAL GUARD SEARCH YOUR BAG ON THE SUBWAY?

Gov. Kathy Hochul would not say how long she planned to keep hundreds of
soldiers and state police officers in the subway system.

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Gov. Kathy Hochul has said she will deploy hundreds of additional members of the
National Guard in the New York City subway system. Credit...Adam Gray for The
New York Times

By Maria Cramer and Hurubie Meko

March 7, 2024, 7:11 p.m. ET

Soon after Gov. Kathy Hochul announced she would be deploying hundreds of
members of the National Guard and state police to help conduct bag checks in the
New York City subway system, questions began to emerge about how the plan would
work.

How long will the National Guard be doing this? Is it a violation of rights?
What happens if you refuse to have your bag checked?

Here are some answers to those questions:


CAN YOU SAY NO TO A BAG CHECK?

Yes. Under the Fourth Amendment, which guarantees the right to protection from
unreasonable searches and seizures, a rider can decline a bag search if the
police do not have a reasonable suspicion that the rider has done something
illegal or is carrying a weapon.

On Thursday, Ms. Hochul made several appearances on news shows to explain the
initiative. The National Guard and the state police, she said, would assist the
city’s police officers as they checked bags for weapons in the “busiest”
stations.



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“This is not punitive,” she said during an interview on MSNBC. “This is more of
a deterrent.”

But she also warned that riders who refuse to consent to bag checks would have
to leave the system.

“Go home,” Ms. Hochul said on Fox 5 New York. “We’re not going to search you.
You can say no, but you’re not taking the subway.”

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Maria Cramer is a Times reporter covering the New York Police Department and
crime in the city and surrounding areas. More about Maria Cramer

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