Apr 06 2018

Transportation companies should not consent to police harassment of travelers

The ACLU is calling on Greyhound to stop giving the Border Patrol (US Customs and Border Protection) permission to board Greyhound buses and interrogate passengers.

According to a public letter sent to Greyhound by ACLU affiliates across the US:

Greyhound recently has said that the company believes it is “required” to “cooperate with [CBP] if they ask to board our buses.” We are aware of no such requirement. Rather, Greyhound has a Fourth Amendment right to deny CBP permission to board and search its buses without a judicial warrant…. [W]e urge Greyhound to change its policy and to refuse CBP permission to conduct invasive bus raids without a warrant.

Or, as a petition already signed by more than 30,000 people puts it more succinctly, “Your company has the right to say no to [the] Border Patrol — now is the time to do it.”

We wholeheartedly endorse this call on Greyhound to stop doing the wrong thing — and we extend the same call to all transportation companies including airlines and Amtrak.

Federal, state, and local police routinely collaborate to interrogate travelers on buses and trains and in bus and train stations and airports. The purpose of this questioning is typically not to obtain information, but to trick and/or intimidate travelers with a sufficient show of force  to get them to “consent” to searches of their belongings for drugs and/or cash, so that travelers’ cash and/or other valuables can be seized and forfeited to the police agencies involved. “Consensual” questioning and searches are also used as the basis for additional harassment, detention, and deportation of immigrants and other foreigners.

These sordid practices depend, we reiterate, on trickery and intimidation as well as on the willingness of the courts to countenance “consent” given under patently coercive conditions when armed police are blocking the aisle of a bus or train or the door of a compartment on a sleeping car, or surrounding a traveler in an airport waiting area.

But these practices also depend on the willingness of transportation companies to let these goons onto their buses and trains and into their stations and airports to conduct these looting expeditions for anything they can expropriate through civil forfeiture.

Greyhound buses are private property. Except in “hot pursuit” of a suspected criminal, police cannot board Greyhound buses without a ticket or permission from Greyhound.

Amtrak is a Federal government corporation, but nothing in its charter from Congress requires it to collaborate with, or consent to, warrantless searches of Amtrak property, including passenger coaches and sleeping cars, or questioning of Amtrak passengers.

(We are continuing to receive a foot-dragging trickle of responses to a FOIA request we made to Amtrak in 2014 for information about Amtrak’s sharing of information about passengers with the DHS and with foreign law enforcement agencies.)

Similarly, most airports and some bus and train stations are publicly operated, but free to refuse their consent to warrantless entry onto some or all of their premises, other than customs facilities leased to CBP, by agents of the DEA, CBP, or other law enforcement officers not involved in routine airport, train station, or bus station patrols and policing.

If you see police doing something you don’t like on a bus or train, in a bus or train station, or in an airport, say something to the company that “consented”  to this police activity.

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