Do I have to let you swab my purse?
March 9, 2011 8:15 PM Subscribe
Can I opt out of public transit searches? (Boston/MBTA-specific)
I work in Boston and use public transportation (subways) to get there. 1-2 days a week the T stop has transit security people in bright yellow jackets and a sign that says they are conducting random searches of passengers' bags. I've been directed to the search table a couple of times (FYI, avoiding eye contact is much more effective to avoid this than eye contact and a friendly smile) - they simply swab the inside of my purse and check it with a machine and send me on my way.
Next time I get picked if I'm feeling talkative I might ask some questions ("Hey, I bought this bag used, what if the previous owner kept their meth in it?") But I've been wondering- am I allowed to opt-out of this? Some days there's a line (never seen it more than 3 people, but ...ergh), and some days I'd really rather just get on the damn train than participate in security theater, no matter how much I want to support public transportation. (arguments about it being faster to just go through with it aside - sometimes I just feel like being a drag on the system. can I just walk by without getting in trouble? is there some relevant law I should quote while doing so?)
I work in Boston and use public transportation (subways) to get there. 1-2 days a week the T stop has transit security people in bright yellow jackets and a sign that says they are conducting random searches of passengers' bags. I've been directed to the search table a couple of times (FYI, avoiding eye contact is much more effective to avoid this than eye contact and a friendly smile) - they simply swab the inside of my purse and check it with a machine and send me on my way.
Next time I get picked if I'm feeling talkative I might ask some questions ("Hey, I bought this bag used, what if the previous owner kept their meth in it?") But I've been wondering- am I allowed to opt-out of this? Some days there's a line (never seen it more than 3 people, but ...ergh), and some days I'd really rather just get on the damn train than participate in security theater, no matter how much I want to support public transportation. (arguments about it being faster to just go through with it aside - sometimes I just feel like being a drag on the system. can I just walk by without getting in trouble? is there some relevant law I should quote while doing so?)
Best answer: Yes, you definitely can opt-out:
If you do not wish to be tested, MBTA policy says you may refuse and leave the T. If you refuse to be tested but enter the T anyway, you may be arrested and prosecuted for trespassing.posted by Dimpy at 10:03 PM on March 9, 2011
Best answer: Yes, you can opt out,but you will be asked to leave the station.
Now, here's where those searches don't work so well, unless you're at the far end of a line or along the commuter rail, you can walk over to another station and get on.
My husband says they have started radio-ing around, but I don't see how they could provide more than a general description. And there are probably a bunch of other people who look like a bunch of other people when provided a general description. So, I don't think even that would be too much of a problem as long as you don't have facial piercings, facial tattoos, or any other hugely visible identifying markers.
It's probably also easier to go from the subway to a bus or something rather than try another subway station if you're that concerned about it.
posted by zizzle at 2:58 AM on March 10, 2011
Now, here's where those searches don't work so well, unless you're at the far end of a line or along the commuter rail, you can walk over to another station and get on.
My husband says they have started radio-ing around, but I don't see how they could provide more than a general description. And there are probably a bunch of other people who look like a bunch of other people when provided a general description. So, I don't think even that would be too much of a problem as long as you don't have facial piercings, facial tattoos, or any other hugely visible identifying markers.
It's probably also easier to go from the subway to a bus or something rather than try another subway station if you're that concerned about it.
posted by zizzle at 2:58 AM on March 10, 2011
Also, the searches are random---they're not supposed to search everyone who comes through. I've gone through maybe 10 stations with those searches going on throughout a few years and have never been selected for one.
posted by zizzle at 2:59 AM on March 10, 2011
posted by zizzle at 2:59 AM on March 10, 2011
Mod note: comment removed - keep answers relevant to the OP and not your general idea of how a police state operates.
posted by jessamyn (staff) at 3:20 AM on March 10, 2011 [1 favorite]
posted by jessamyn (staff) at 3:20 AM on March 10, 2011 [1 favorite]
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posted by nonane at 8:44 PM on March 9, 2011