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Old 04-19-2011, 09:54 AM
 
9,241 posts, read 7,720,069 times
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Quote:
Originally Posted by Febtober View Post
No, they can't arrest you for that. You can always refuse to ride the subway, simply turn around and walk off.

A while ago a cop asked to search my girlfriend's (a lawyer) bag; she asked him if it was compulsory in order to ride the subway and he said no, so she just walked past him.

I think that one cop may have been mistaken though; another cop said a few weeks later that yes, you do have to submit to them or not ride.
If you want to ride the subway & refuse, they can't arrest you right?
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Old 04-19-2011, 10:39 AM
 
Location: Brooklyn
40,051 posts, read 31,578,705 times
Reputation: 10518
Quote:
Originally Posted by All American NYC View Post
If you want to ride the subway & refuse, they can't arrest you right?
Sounds like you're making preparations to refuse a bag check. What are you planning to put in that bag you don't want a cop to find?
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Old 04-19-2011, 10:46 AM
 
9,241 posts, read 7,720,069 times
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Quote:
Originally Posted by Fred314X View Post
Sounds like you're making preparations to refuse a bag check. What are you planning to put in that bag you don't want a cop to find?
Just basic personal items.

Can they arrest you?

I am refusing if they ask.
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Old 04-19-2011, 11:20 AM
 
612 posts, read 776,393 times
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Quote:
Originally Posted by All American NYC View Post
Has anyone refuse a bag check by NYPD?

Don't know, but why take a chance with trigger happy NYPD.
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Old 04-19-2011, 12:27 PM
 
Location: Pflugerville
2,211 posts, read 4,297,846 times
Reputation: 2229
Quote:
Originally Posted by All American NYC View Post
Just basic personal items.

Can they arrest you?

I am refusing if they ask.
Sigh.

The police can arrest you anytime for anything they feel like. There is not a magic formula you can follow where the police are stopped by an invisible wall preventing them from arresting you.

So anytime you, or anyone, asks "Can the police arrest me for....." the answer is YES. The legalities of you being arrested will be sorted out a lot later at the station. You may be able to sue much later for wrongful arrest, but at that moment, in that subway tunnel, then yes you can be arrested.

Do I think that a cop will arrest you for refusing a bag check. No. But if you think you can shoulder past a cop and go "no, you can't check my bag" or give them attitude, then you are most likely going to be arrested.

The best bet is to just comply to the bag check, as it is quick and painless, and costs you nothing to be a good citizen and help they NYPD keep subways safe.

I know a lot of people get off on this idea of resisting cops because they think that they as Americans can do whatever they want, but these people are really just pains in the ass. Cops in the subway doing bag checks are nervous, they never know if someone is going to give them a hard time or if someone is going to pull out a gun and shoot them or innocent bystanders. Why would you want to escalate this situation by refusing a bag check just to prove some point?

Long story short, yes, a cop can arrest you for refusing a bag check. A cop can arrest you because you were walking funny. You can be arrested for anything if a police officer feels you are involved in a crime, are a witness to a crime, or has a suspicion that you are about to commit a crime.

So don't go walking thru the subway, refuse a bag check, and then in a dramatic fashion walk away from the police officer having asserted your rights as an American. Because that's not how it actually works.
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Old 04-20-2011, 02:07 PM
 
Location: NYPD"s 30th Precinct
2,507 posts, read 4,748,972 times
Reputation: 2546
Quote:
Originally Posted by JayBrown80 View Post
Sigh.

The police can arrest you anytime for anything they feel like. There is not a magic formula you can follow where the police are stopped by an invisible wall preventing them from arresting you.
The officer has to have grounds to arrest you. Those grounds can be flimsy and later be thrown out, but he or she at least has to come up with a reason. Saying, "No, I'd prefer not to consent to a search." and turning around and walking away is in no universe grounds for an arrest.

Now if you started screaming and yelling at the officer and causing a big scene, he or she could possibly come up with something like disorderly conduct or something along those lines.
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Old 04-20-2011, 07:22 PM
 
71 posts, read 206,822 times
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I really dont understand why some people go out of their way to give cops a hard time. If the Officer wants to check your bag, then why not let him/her do their job? I for one am thankful that our NYPD is out on the streets doing their job instead of sitting inside a Dunkin Donuts waiting for all hell to break lose. My laptop bag has been searched a few times and it has never made me late for where ever I needed to go, throwing a tantrum on the other hand or refusing to let them search and walking to the next station will waste more of your time than a quick look into your bag.
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Old 04-20-2011, 11:48 PM
 
Location: Bronx, NY
4,478 posts, read 8,752,560 times
Reputation: 5531
Know your rights please no you won't be arrested if you deny for your back to be checked. They need a search warrant. Now, if they see something in plain view that is suspicious then there they have the right to check it. Don't listen to these cops they always try to take advantage of the people that do not know their laws.
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Old 04-21-2011, 07:43 AM
 
71 posts, read 206,822 times
Reputation: 86
You wont be arrested if you deny a bag check, but you will be turned away from the subway station. Cops do not take advantage of people who dont know their laws because the cops themselves and their supervisors dont remember every law in the books also. Even lawyers need to go back to their books for reference. The main thing is that these cops are trying to do their jobs, and our tax money is paying for it, or would you rather them be in their precinct lounges watching espn. A criminal who planned to rob someone on the train and saw a cop, a crazy person who wanted to shoot up a car full of people, a terrorist with a bomb or any other criminal element which got deterred due to the presence of an officer is something which is impossible to count or determine and in the end we know our tax money is working because these cops are out there, we see them and in their presence, maybe the punk who was eyeing you when you walked into that train station alone just changed his mind and decided on an easier prey. Next time you see an officer just say thanks, and dont let the media sway your perception of a whole dept based on a few bad seeds. We still put money into our 401k's after all the ponzi schemes, so why not have a bit of faith in our officers.







Quote:
Originally Posted by nycricanpapi View Post
Know your rights please no you won't be arrested if you deny for your back to be checked. They need a search warrant. Now, if they see something in plain view that is suspicious then there they have the right to check it. Don't listen to these cops they always try to take advantage of the people that do not know their laws.
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Old 04-21-2011, 09:21 AM
 
Location: Staten Island, New York
3,696 posts, read 6,308,438 times
Reputation: 3657
Seriously, why do you want to stir up trouble? Just take a cab.
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