When someone is pulled over by the police, they are subject to a visual search. If the officer believes that there is illegal activity or they fear for their safety, a police officer can generally frisk the person. However, the latest New York law based upon the Taxi/Livery Robbery Inspection Program (TRIP).
NYPD’s TRIP Program Allows Police To Pat Down Passengers Without Cause
Under the TRIP program, taxi’s that are enrolled within the program receive decals. The decal allow police officers to pull over a taxi or livery without any justification. The goal of the program is to help keep taxi drivers safe, but the practical implication means that a police officer can stop any taxi with a decal at any time, day or night.
While the program has noble intentions (trying to protect taxi drivers), the NYCLU has taken issue with the scope of the police frisks. While the law is silent as to whether police can actual frisk or question a passenger, it appears the NYPD has interpreted this silence to mean they are permitted to do so. In the latest example, that of Terrence Battle, who was returning home in a taxi when police stopped the livery car he was riding in, (additionally, the two areas that the taxi’s were stopped were areas that are heavily minority populated) 3 officers approached the car and ordered Battle to step out of the car, even though the driver said everything was ok. The officers asked Battle for ID and patted him down (as well as searching his pockets)
Why Is Searching A Passenger In A Taxi Without Cause A Legal Issue?
If we can agree that searching a passenger in a taxi is legal under certain circumstances, such as, an unruly passenger, then why is this an issue? The goal of trying to protect taxi drivers makes sense, but the question is at what expense to our liberties and rights does this come in? Sure, you could take a different type of transportation, seek taxi’s that aren’t part of TRIPS, or just simply stay home, but should someone be subjected to an invasion of their personal privacy for little reason?
What do you think? Should police officers be able to frisk taxi passengers? Does this law make sense to protect taxi drivers?
