Federal Judge finds security patdowns at football games unconstitutional
#16
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Originally Posted by Doppy
Why do all of you people hate security and America so much?!?!
Super
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Originally Posted by Doppy
Why do all of you people hate security and America so much?!?!
"The Fourth Amendment embodies a value judgment by the Framers that prevents us from gardually trading ever-increasing amounts of freedom and privacy for additional security. It establishes searches based on evidence-rather than potentially effective, broad prophylactic dragnets-as the constitutions norm." Bourgeois 387 F.3d at 1312.
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Originally Posted by doober
We don't "hate" security and America. In fact, we love our country and it's freedoms. What we hate is watching those freedoms being slowly eroded in the name of "security", which is no security at all.
"The Fourth Amendment embodies a value judgment by the Framers that prevents us from gardually trading ever-increasing amounts of freedom and privacy for additional security. It establishes searches based on evidence-rather than potentially effective, broad prophylactic dragnets-as the constitutions norm." Bourgeois 387 F.3d at 1312.
"The Fourth Amendment embodies a value judgment by the Framers that prevents us from gardually trading ever-increasing amounts of freedom and privacy for additional security. It establishes searches based on evidence-rather than potentially effective, broad prophylactic dragnets-as the constitutions norm." Bourgeois 387 F.3d at 1312.
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The best part of these rulings, IMO, is the inevitable impact they will have on the growing desire of municipalities to search users of public transportation. As Bart often points out, there are plenty of lower court rulings approving of airport searches, but I'm not familiar with any court rulings approving of subway, bus or train searches.
Funny that in the Soldier Field dispute, the police and Park District are forced to argue that the searches the NFL demands are unconstitutional; the reality is that they probably simply don't want to pay for the searches under their existing contractual duty to provide security at Soldier Field.
I agree with mbstone; a wholly private facility would alleviate this problem for the "let's pat down everybody everyday crowd" but I also agree with PatrickHenry1775 that many sporting venues will have to remain under public ownership due to financing issues or simply political reality.
Funny that in the Soldier Field dispute, the police and Park District are forced to argue that the searches the NFL demands are unconstitutional; the reality is that they probably simply don't want to pay for the searches under their existing contractual duty to provide security at Soldier Field.
I agree with mbstone; a wholly private facility would alleviate this problem for the "let's pat down everybody everyday crowd" but I also agree with PatrickHenry1775 that many sporting venues will have to remain under public ownership due to financing issues or simply political reality.
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The NFL lauded the ruling.
"Pat-downs are an important part of our comprehensive security procedures, including secure facility perimeters and bag searches," NFL spokesman Brian McCarthy said in a statement. "These limited, consensual security screenings are designed to enhance the protection and safety of our fans."
"Pat-downs are an important part of our comprehensive security procedures, including secure facility perimeters and bag searches," NFL spokesman Brian McCarthy said in a statement. "These limited, consensual security screenings are designed to enhance the protection and safety of our fans."
OTOH, if they had the players and cheerleaders doing the patdowns, maybe it wouldn't be so bad
Did anyone think the original ruling would stand for long? At least it didn't get to the Supreme Court, where Scalia could have written about how everyone should get a DNA sample taken for a national database and have a GPS tracking device inserted into their bodies.
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if they had the players and cheerleaders doing the patdowns, maybe it wouldn't be so bad
Did anyone think the original ruling would stand for long? At least it didn't get to the Supreme Court, where Scalia could have written about how everyone should get a DNA sample taken for a national database and have a GPS tracking device inserted into their bodies.
Did anyone think the original ruling would stand for long? At least it didn't get to the Supreme Court, where Scalia could have written about how everyone should get a DNA sample taken for a national database and have a GPS tracking device inserted into their bodies.
A simple fix for the NFL would be to make 1 gate a "no patdown" gate, but (a) require a hand magnetometer, (b) allow no packages - period, and (c) provide only 2 staff people. Then, the other gates would move fast, as people give up rights for convenience, and the few who care about making statements for their civil liberties would suffer (as is desired by those who run our country today).
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There is no constitutional right to attend a football game, but there is a constitutional right against harassment. Is it truly consensual if they hold your ticket hostage and prevent you from getting in if you don't "consent" to the search?
I hope this goes before all 12 judges.
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Unfortunately, the article didn't mention if the judge struck down searches by privately-contracted security guards or police officers. I would think that the practice of looking inside backpacks for glass containers would still be permitted as a reasonable security search. I do agree that pat-downs at sports events is unreasonable.
The problem I have with this article is that it doesn't mention much about the arguments behind the decision.
The problem I have with this article is that it doesn't mention much about the arguments behind the decision.
My guess is that the decision would be limited to (1) police officers at any venue, and (2) and any security contracted by a public venue.
Private security guards at private facilities wouldn't be affected.
Private security guards at private events in public facilities would have to take care to operate independently of law enforcement & the facilities' managment.
[/guess]
This is a good step in the right direction.
Later: Didn't notice that this is an old thread, sorry about that, but now that I'm here ....
In this case, however, the NFL is quoted in the above-linked SFGATE article as being strongly in favor of the patdown searches. As a private organization (and football games are really private events in public facilities), they probably can find a way to circumvent any final decision.
Last edited by MikeMpls; Jun 27, 2007 at 6:49 pm
#30
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I don't think there's any question about it. From my experience, many of the people conducting the patdowns are less competent than your average TSAer.