As a prime example, commuters who enter the New York subway must submit to random searches of their bags.

The New York Police Department, along with many other police departments across the country, now conducts random bag searches in the subway, without suspicion or warrant, in order to prevent terrorist attacks. These random searches clearly violate the Fourth Amendment, which is meant to protect all persons from warrantless searches and seizures. If you are unlucky enough to be selected "randomly," the officers will stop you as you hurry to catch your morning train. As the doors slide closed on the platform below and your train departs, you stand helplessly as the bored cops search your bag. (p. 14)
A federal appeals judge ruled that these searches were constitutional.

In August 2006, Judge Chester Straub of the United States Court of Appeals for the Second Circuit ruled that the NYPD acted within the law because the subway bag searches fell within the "special needs . . . .

“ . . . . exception” to the Fourth Amendment due to imminent terrorist threats.


Napolitano mordantly comments, “There is no ’special needs’ exception in the Fourth Amendment. The court simply made it up” (p. 15).

Napolitano’s point is expressed with characteristic force, but I wish that he had addressed in this connection an important issue. Does the Fourth Amendment apply to the states? The claim that it does rests on the “incorporation” doctrine, i.e., the view that the 14th Amendment makes the states subject to the Bill of Rights.

Freedom Watch with Judge Napolitano video

http://www.youtube.com/watch?v=Gm40a3jJ7q0

Don't you just LOVE this guy.????
He is a patriot...........He is a Denfender of
the Constitution, of Liberty and Freedom!!!.........He is just so on-point!
I have never heard him utter a statement that I wasn't in complete agreement with............