Two weeks after the terrorist attack on the London Underground, the NYPD
began a program of floating checkpoints in subway stations where randomly
selected passengers were required to allow their bags to be inspected to gain
entrance to the subway. After weighing factors such as the degree of
danger, riders' expectation of privacy, and the intrusiveness and efficacy of
the searches, the Second Circuit Court of Appeals upheld the program unanimously
and dismissed the suit brought by the New York Civil Liberties Union.
Scott Shorr, a Senior Counsel in the Appeals division, argued the case before the Second Circuit. The case was handled below by the Special Federal Litigation division.