Judge: Security 'Pat-Downs" Of Buc Fans Unconstitutional

[The Straight Story]

Judge: Security 'Pat-Downs" Of Buc Fans Unconstitutional

POSTED: 5:14 pm EDT July 28, 2006
UPDATED: 5:18 pm EDT July 28, 2006
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TAMPA, Fla. -- Security "pat-downs" of fans at Tampa Bay Buccaneers games are unconstitutional and unreasonable, a federal judge ruled Friday, throwing into question the practice at NFL games nationwide.

U.S. District Judge James D. Whittemore issued an order siding with a Bucs season-ticket holder who had sued to stop the fan searches that began last season after the NFL implemented enhanced security measures.

High school civics teacher Gordon Johnson sued the Tampa Sports Authority, which operates the stadium, to stop officials from conducting the "suspicionless" searches. A state judge agreed with Johnston that the searches are likely unconstitutional and halted them.

The case was later moved to federal court, where the sports authority sought to have that order thrown out. Whittemore refused Friday, writing that the pat-downs "constitute unreasonable searches under the Florida Constitution and the Fourth Amendment of the United States Constitution."

http://www.local6.com/news/9594347/detail.html

[napi21]

1. OH MY GOD! A Fed. judge upholds the Constitution!!!!

SOB must have been nominated by Clinton! :sarcasm:

[Phredicles]

2. But surely cavity searches of Raider fans

are mandated by the need to ensure public safety.:p

[IowaGuy]

3. Raiders fans would pay extra for that.....

[sgxnk]

7. lol

ALSO, any dallas cowboy should be subject to a cavity search as well

but not by me

[The Straight Story]

9. I will give the cheerleaders a cavity search :) (nt)

[High Plains]

4. Thank you, judge. The Fourth Amendment still lives...

...although it is on life support.

[BushOut06]

5. Isn't the Bucs organization a private enterprise?

I was under the impression that private businesses were allowed to conduct these types of searches. Maybe I'm wrong, but I see this all the time. How often do you enter a private business and see a sign that says by entering, you subject yourself to search?

Not that I believe that Joe Sixpack is going to be carrying a bomb into a NFL game, and I am definitely against warrantless searches. I'm just curious how far that extends.

[The Straight Story]

6. Might organization versus location they are doing it at (public helped pay

for the stadium, etc and so on).

Not sure I can answer your question, but I did dream about a holiday inn last night.

[sgxnk]

8. frisks vs. searches

just for the sake of clarity...

a pat down is not considered a search under the 4th amendment when done by a law enforcement officer (which is whom the 4th amendment is primarily aimed at restricting). it is considered a frisk

the case law in Terry v. Ohio distinguishes between pat frisks, which require a reasonable suspicion standard, and a search , which requires the probable cause standard

just mentioning it for the sake of clarity. under constitutional case law standards - frisk =/= search