Comment: What Do You Think About The Searches?

By Thomas W. Krause
The Tampa Tribune

  TAMPA - Pat-down searches of fans entering Tampa Bay Buccaneers’ games does not constitute a violation of the Constitution – at least not in the case of a Tampa Bay Technical High School civics teacher who sued the NFL and the Tampa Sports Authority over the procedure.

  Whether pat-downs will resume with the start of the upcoming football season remains unclear. They now are banned.

  Over the past two years, based on Gordon Johnston’s lawsuit, three different courts have banned physical pat-down searches at Tampa Bay Buccaneers games. A federal appeals court today, however, reversed the lower courts’ decisions and has determined that Johnston consented to the searches when he showed up at three Bucs’ games knowing that the searches would be conducted.

  Previously, a state court judge, the 2nd District Court of Appeal and a U.S. District judge have said Johnston’s Constitutional right protecting him against unreasonable searches was violated.

  Today’s decision will send the case back to federal court in Tampa where U.S. District Judge James Whittemore will have to re-examine the issue with the understanding that Johnston consented to the pat-down search.

 

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