Public Transportation Passenger Security Inspections: A Guide for Policy Decision Makers (2007) / Chapter Skim
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Introduction Securing transit, passenger rail, and other surface transportation systems in the United States is an issue of major importance for government and transportation agencies. The attacks against the transit and commuter systems of Madrid, Moscow, Mumbai, and London underscore the vulnerability of public transportation and the necessity of providing security for the people who depend on it daily.
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2 vapor residues from explosives. Some of these trace detection technologies and some metal detectors are available in mobile, portable, and handheld formats.
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3 Generally, random passenger inspections can be legally justified under an exception to the constitutional requirements for warrants or reasonable suspicion, provided that the inspections are properly configured, that is, designed to meet a substantial government need, no more intrusive than required, subject to neutral criteria, reasonably effective, and aimed at an objective other than general law enforcement. The legal cases to date suggest that a random inspection protocol (as opposed to one that requires inspecting all passengers)
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4 radiological, and nuclear threats (CBRN) and have implemented or are considering the deployment of CBRN countermeasures.
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5 detection has been expanding. In 2004, TSA introduced its National Explosive Detection Canine Team program to encourage the use of canine teams for explosives detection on transit systems.
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6 increase the response capability of the agency. One of the large multimodal transit agencies, which serves a large geographic area, has been training officers in local law enforcement agencies in emergency response procedures to augment transit agency forces in major emergencies, including terrorist attacks.
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7 • Ensuring that the inspection protocol does not further general law enforcement purposes; • Basing inspection selections on neutral criteria; and • Affording reasonable notice and opportunity to avoid the inspection. Behavioral assessments may give rise to claims of racial profiling, and protocols for deploying this type of PSI should be carefully evaluated under state law.
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8 6. Collaborate with Local Law Enforcement and First Responders.
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9 Although the notice aspect would be nonapplicable, using these same mitigation methods to limit liability would apply to suspicion-based inspections as well. Policy/Protocol Development Once the transit agency has determined that there is sufficient justification to deploy PSIs as a countermeasure to terrorism, the next step is to establish written policy to govern inspections that specifies the purpose and scope of the inspections.
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