Brendan MACWADE, Andrew Schonebaum, Joseph E. Gehring, Jr., Partha Banerjee, and Norman Murphy, Plaintiffs-Appellants,
v.
Raymond KELLY, Commissioner Of The New York City Police Department, and The City Of New York, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: May 1, 2006.
Decided: August 11, 2006.
Attorney(s) appearing for the Case
Christopher Dunn, New York Civil Liberties Union Foundation (Arthur Eisenberg, Jeffrey Fogel, Corey Stoughton, and Donna Lieberman, on the brief), New York, NY, for Plaintiffs-Appellants.
Scott Shorr, Senior Counsel, Corporation Counsel of the City of New York (Michael A. Cardozo, Corporation Counsel of the City of New York, Barry P. Schwartz, on the brief), New York, NY, for Defendants-Appellees.
Michael J. Garcia, United States Attorney for the Southern District of New York, (Peter D. Keisler, Assistant Attorney General; Douglas N. Letter, Terrorism Litigation Counsel; Beth E. Goldman, Assistant United States Attorney; Sara L. Shudofsky, Assistant United States Attorney, on the brief), New York, NY, for Amicus Curiae United States of America.
Andrew T. Frankel, Simpson Thacher & Bartlett LLP; Daniel J. Popeo, Washington Legal Foundation (Paul D. Kamenar; Bryce L. Friedman; Seth M. Kruglak on the brief), New York, NY, for Amici Curiae Washington Legal Foundation; Families of September 11, Inc.; Allied Educational Foundation; U.S. Representatives Peter T. King and Ginny Brown-Waite; New York State Senator Martin J. Golden; New York State Assemblymen Vincent M. Ignizio and Matthew Mirones; New York City Councilmember James S. Oddo; and Stephen M. Flatow.
Before NEWMAN and STRAUB, Circuit Judges, and BRIEANT, District Judge.
United States Court of Appeals, Second Circuit.
STRAUB, Circuit Judge.
We consider whether the government may employ random, suspicionless container searches in order to safeguard mass transportation facilities from terrorist attack. The precise issue before us is whether one such search regime, implemented on the New York City subway system, satisfies the special needs exception to the Fourth Amendment's usual requirement of individualized suspicion. We hold that it does.
Shortly after New York City implemented...
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