The constitutionality of NFL searches debated
According to today's San Francisco Chronicle, a disturbing procedure will appear before all the justices of the California State Supreme Court. The report, written by Bob Egelko, said the court “agreed Wednesday to decide whether the San Francisco 49ers invade their fans' privacy by conducting pat-down searches at the stadium gates, a measure ordered by the National Football League to catch potential terrorists”.
This was first addressed this summer by a three judge panel of the court, and was brought by a 49er fan who was disturbed by the procedure handed down by the NFL. That panel ruled in favor of the NFL with the reasoning that by coming to the game, every person tacitly agrees to be searched because they elect to go to the game voluntarily.
The procedure which is similar to the searches that airline and other transit users undergo, has yet to go before the United States Supreme Court. It is good that the American Civil Liberties Union has brought this up the judicial ladder to get a ruling.
I posted this at SFGate earlier this morning because it is clear that these searches violate the probable cause rules of the US Constitution. Until the High Court rules on this, I will be ruled by the Constitution of the United States rather than by fear.
“There is a fundamental issue here involved with this procedure. This procedure is in conflict with the United States Constitution, where the general ethic is innocent until proven guilty. The Constitution decreed that a citizen shall be secure in their person and papers against unreasonable searches and seizures, and in order for the state to execute a search, their officials must go to a judge and indicate they have a justifiable belief concerning a crime.
“This procedure is the Napoleonic Code in practice, whereby a person is guilty until proven innocent. The state and its agents, and the National Football League, with this procedure, has assumed the role of an agent of the state, does not have the right to search me without a warrant. This procedure needs to go to the United States Supreme Court for a final ruling on its constitutionality.”
What we deal with here is one of the Constitutional conflicts brought about both by the events of September 11, 2001, and the progress of our silicon society. It is time that the courts use their supervisory responsibility and make sure these procedures pass constitutional muster. It isn't just the safety of our citizens at stake, but the safety of our Constitution.