• A weapons detection checkpoint may involve a bag search, walking through an electromagnetic scanner, and/or a frisk or search by a police officer.
• NYPD moves the checkpoints to a different subway station every day, and they do not let the public know where they will be.
• NYPD says that they select people to be searched on a “random” basis, but we do not know exactly what these selections are based on.

• You have a right to refuse to be searched and/or scanned. Police cannot arrest you for declining a search, but if you refuse, you must leave the subway station, and you cannot board the train. It may be possible to reenter the subway at a different stop, but note that police may arrest you if they see you going back into the subway system to avoid a search.
• If you submit to a search and/or scan, you do not have to provide consent to the police to any searches of your person, bags, or personal effects. Calmly say: “I do not consent to this search.”
• If you have health concerns about walking through the electromagnetic scanner (such as concerns about an implanted medical device), you should request alternative screening.
• You might activate the electromagnetic scanner with non-weapon objects like umbrellas, laptops, or construction tools. Police may search you ONLY in the areas where the scanner detected an object. Police may not subject you to a full-body frisk or search just because you activated the scanner.
• If you are not being detained, do not answer any questions from the police or make any other statements. Always ask: “Am I free to leave?”

• Remain silent and request a lawyer. Always say, “I want to talk to a lawyer, and I am going to remain silent.”
• You can tell the police your name and date of birth. But otherwise, stay slient. If you say anything, you have waived your right to remain silent.

Your Rights

• Stay calm
• Be respectful and observant
• Request a business card
• Report any violated rights

Your Safety

• Do not run
• Do not reach
• Do not speak after you say you will remain silent
• Do not resist arrest

If you believe your rights have been violated and would like to share your experience with The Legal Aid Society, please call 212-577-3398.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.