darin
06-28-2007, 12:30 PM
Good Call, IMO.
TAMPA, Fla. -- A federal appeals court has cleared the way for pat-down searches of fans to resume at Tampa Bay Buccaneers home games when the football season begins in August.
Tampa-area high school teacher Gordon Johnston had successfully challenged the frisking of fans entering Raymond James Stadium, arguing that it violated his constitutional protection against unreasonable searches. Three courts had agreed with him.
But a three-judge panel of the 11th U.S. Circuit Court of Appeals overturned the decision Tuesday, saying Johnston had forfeited his right to challenge the constitutionality of the pat-downs when he consented to them.
The court also noted that Johnston doesn't have a constitutional right to watch a football game, that he was aware of the search policy before entering the stadium and that the Bucs can revoke game tickets for any reason.
"Considering Johnston's ticket was only a revocable license to attend games, there is in the Court's opinion at least a question concerning whether Johnston had a constitutional right to pass voluntarily through the stadium gates without being subjected to a pat-down search, even if he had not consented to one," the court wrote.
At three games in 2005, Johnston accepted the pat-down searches but told security officials he did not consent.
http://sports.espn.go.com/nfl/news/story?id=2918345
TAMPA, Fla. -- A federal appeals court has cleared the way for pat-down searches of fans to resume at Tampa Bay Buccaneers home games when the football season begins in August.
Tampa-area high school teacher Gordon Johnston had successfully challenged the frisking of fans entering Raymond James Stadium, arguing that it violated his constitutional protection against unreasonable searches. Three courts had agreed with him.
But a three-judge panel of the 11th U.S. Circuit Court of Appeals overturned the decision Tuesday, saying Johnston had forfeited his right to challenge the constitutionality of the pat-downs when he consented to them.
The court also noted that Johnston doesn't have a constitutional right to watch a football game, that he was aware of the search policy before entering the stadium and that the Bucs can revoke game tickets for any reason.
"Considering Johnston's ticket was only a revocable license to attend games, there is in the Court's opinion at least a question concerning whether Johnston had a constitutional right to pass voluntarily through the stadium gates without being subjected to a pat-down search, even if he had not consented to one," the court wrote.
At three games in 2005, Johnston accepted the pat-down searches but told security officials he did not consent.
http://sports.espn.go.com/nfl/news/story?id=2918345