Do you think getting patted down entering a stadium is unconstitutional?

[cboy4]

Poll question: Do you think getting patted down entering a stadium is unconstitutional?

I SAY IF YOU WANT TO LOOK IN MY BACKPACK FINE. OR IF YOU WANT TO WAVE A METAL DETECTOR WAND OVER ME, FINE........BUT KEEP YOUR EFFING HANDS OFF OF MY BODY.

GOOD FOR THESE 49ER FANS TO TAKE A STAND.

TERRA TERRA :eyes:

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Suit over Niners' pat-downs of fans is revived

Bob Egelko, Chronicle Staff Writer

Tuesday, March 3, 2009

(03-02) 15:44 PST SAN FRANCISCO -- The California Supreme Court reinstated a lawsuit Monday challenging pat-downs of fans entering San Francisco 49ers games, saying spectators don't necessarily agree to be searched when they buy their tickets.

But the court also indicated that ticket-holders could have a tough time showing that the pat-downs, ordered by the National Football League in 2005 to ward off potential terrorists, were an unreasonable invasion of privacy. A majority of the justices said courts should respect private businesses' assessments of their own safety needs.

"The state constitutional right of privacy does not grant courts a roving commission to second-guess security decisions at private entertainment events or to micromanage interactions between private parties," Justice Ming Chin said in an opinion signed by four of the seven justices.

The justices agreed unanimously, however, that lower courts should not have dismissed a suit by two 49ers fans merely because they had bought tickets for the 2006 season after learning about the searches.

Instead, the court said, a judge should consider the 49ers' reasons for the pat-downs and examine whether the husband-and-wife fans had actually consented to be searched. The court returned the case to a Superior Court judge for a possible trial on those issues.

The result could set new standards for privacy rights in California.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/03/02/BA6I167PS1.DTL&type=49ers