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Court upholds pat-down searches at 49er games
San Francisco Chronicle ^ | July 18, 2007 | Bob Egelko

Posted on 07/18/2007 10:38:08 AM PDT by ConservativeStatement

A state appeals court swatted down a challenge by two San Francisco 49ers fans to pat-down searches at the team's stadium Tuesday, saying they tacitly agreed to be checked when they bought their season tickets.

The National Football League ordered the searches at all games as an anti-terrorism measure starting in 2005, three years after Super Bowl spectators were first subjected to pat-downs. The policy has survived all legal challenges.

Tuesday's 2-1 ruling by the First District Court of Appeal in San Francisco sidestepped the plaintiffs' accusation that the searches were an invasion of privacy. Instead, the court said fans waive their right to privacy when they show up for the games after learning about the searches.

(Excerpt) Read more at sfgate.com ...


TOPICS: Culture/Society
KEYWORDS: 49ers; lawsuit; nfl; searches
This is required for entry to concerts, too, I see no invasion of privacy here.
1 posted on 07/18/2007 10:38:12 AM PDT by ConservativeStatement
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To: MassRepublicanFlyersFan
I see no invasion of privacy here.

In most cases I agree. However, I did see one particularly attractive young woman get a lengthy pat down at the airport one time by a security guard. haha!

2 posted on 07/18/2007 10:41:01 AM PDT by Bluegrass Conservative
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To: MassRepublicanFlyersFan

In San Francisco, the men will love this!


3 posted on 07/18/2007 10:41:28 AM PDT by TommyDale (Never forget the Republicans who voted for illegal immigrant amnesty in 2007!)
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To: MassRepublicanFlyersFan

I’m all for this. As a Colts season ticket holder (and Indy 500 attende) I’m more than happy to submit to this given that the second largest Mosque in the country is just 15 miles down the road in Plainfield.


4 posted on 07/18/2007 10:42:44 AM PDT by joebuck
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To: MassRepublicanFlyersFan

Agreed. But then again, there are people who would say we feel that way because we live in the People’s Republic of Massachusetts...:)


5 posted on 07/18/2007 10:42:55 AM PDT by rlmorel (Liberals: If the Truth would help them, they would use it.)
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To: MassRepublicanFlyersFan

Gonna start at the malls too. And WalMart. Restaurants? Grade school? I mean you consented to being searched by going to these public places, right?


6 posted on 07/18/2007 10:43:52 AM PDT by saganite (Billions and billions and billions----and that's just the NASA budget!)
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To: saganite

“Gonna start at the malls too.”

And remember the states where the mall managements post signs banning a CCW from carrying in the mall. I will not patronize those malls.


7 posted on 07/18/2007 10:45:26 AM PDT by George from New England
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To: MassRepublicanFlyersFan

One more reason why I don’t go to this type of stuff much anymore. I hate the presumption of guilt.


8 posted on 07/18/2007 10:47:48 AM PDT by glorgau
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To: saganite
That’s a fair argument. I assume these individuals attend (or did) concerts over the years. I wonder if they thought to sue then, too, or if because they are season-ticket holders they have a sense of exclusion to the search. Many stores have a detection system in place to prevent stealing.
9 posted on 07/18/2007 10:51:45 AM PDT by ConservativeStatement
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To: MassRepublicanFlyersFan
Photo Sharing and Video Hosting at Photobucket
10 posted on 07/18/2007 10:53:05 AM PDT by rfp1234 (Nothing is better than eternal happiness. A ham sandwich is better than nothing. Therefore...)
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To: George from New England

Malls are from a legal standpoint completely different than “downtown”. However comma there is no smoking allowed, as it is a “public place”. I have always taken that to mean that a concealed weapon held by an otherwise law-abiding citizen is perfectly fine. It’s a public place, after all.


11 posted on 07/18/2007 10:55:15 AM PDT by Freedom4US
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To: TommyDale
Security personnel should not be forced to pat down any 49ers fan. Most of them are, well, unusual by our nation’s standards...
12 posted on 07/18/2007 10:55:24 AM PDT by Dixie Yooper (Ephesians 6:11)
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To: MassRepublicanFlyersFan
The policy has survived all legal challenges.

I thought Tampa Bay shot theirs down. searching ...

13 posted on 07/18/2007 10:59:47 AM PDT by NonValueAdded (Brian J. Marotta, 68-69TonkinGulfYachtClub, (1948-2007) Rest In Peace, our FRiend)
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To: NonValueAdded
Appeals court on 6/27/07 allowed Tampa Bay pat downs to resume, so the story is correct buy only by a matter of weeks and who knows what the appeals process will bring. Ruling allows pat-down searches at games
14 posted on 07/18/2007 11:03:37 AM PDT by NonValueAdded (Brian J. Marotta, 68-69TonkinGulfYachtClub, (1948-2007) Rest In Peace, our FRiend)
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To: MassRepublicanFlyersFan

The gay security guards get a free shot at finding a potential new boyfriend.


15 posted on 07/18/2007 11:06:02 AM PDT by Secret Agent Man
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To: MassRepublicanFlyersFan

If you don’t like it turn on the tv and stay home. The way around this for the NFL is to make sure private security firms do this. The constitution only applies to searches by government officials.


16 posted on 07/18/2007 11:15:03 AM PDT by Resolute Conservative
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To: MassRepublicanFlyersFan

I wonder if a store could implement a “pat-down” policy and pass this same court challenge? Or is a store “too public” to get away with this?


17 posted on 07/18/2007 11:20:54 AM PDT by CharlesWayneCT
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To: Secret Agent Man

It’s a good way for a security guard to get a broken nose. When I go to a store that doesn’t allow weapons I ignore the signs, if they don’t like it they can ask me to leave. I’ll gladly leave taking my money with me. If I conceal properly they don’t know I’m carrying.


18 posted on 07/18/2007 11:24:37 AM PDT by jjones9853
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To: Freedom4US

I have seen these prohibitions in South Carolina.

I believe the SC statutes are written to allow businesses to prohibit CCW. Your state or experience maybe different.

It seems only malls do this as most other single shop businesses want the security from the CCW. The mall management on the otherhand does not endure any of the physical risk, they’re offsite. Only the store merchants face the potential perps. Very unfair.

Hey. I moved to Florida partially for this reason.


19 posted on 07/18/2007 11:34:32 AM PDT by George from New England
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To: George from New England

I wonder how much this type of situation contributes to online shopping..

I have to find a place to park after wending through cell-phone infested highways and spending way too much on fuel to justify a trip to the mall. Hell, I’ll just sit here barefoot and order what I want and have it delivered to my door.


20 posted on 07/18/2007 11:48:36 AM PDT by Freedom4US
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To: Secret Agent Man

What if the guard gets patted back?


21 posted on 07/18/2007 12:01:19 PM PDT by John Will
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To: MassRepublicanFlyersFan

I would think San Francisco fans would like nothing more than a friendly little pat down before a big game— if its from someone of the same sex, that is.


22 posted on 07/18/2007 1:05:35 PM PDT by San Jacinto
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