Facts of the Case: On September 13, 2005 the Authority, introduced a policy requiring brief pat-down searches of all persons attending Buccaneers football games. Johnston is a Buccaneers season ticket subscriber who first became a season ticket holder in 2001. In February 2002, the NFL Commissioner expanded the policy to require pat-down searches of all patrons attending and other special events. Johnston was aware of the pat-down policy before the first game of the 2005 season. Johnston called the Buccaneers' office before the first game of the 2005 season to discuss the pat-down search policy. Johnston objected the policy, and claims that he was told that the Buccaneers would not refund the cost …show more content…
The issue is whether the district court erred when it refused to reconsider a state court's order instructing Appellant Tampa Sports Authority's policy of conducting pat-down searches of all ticket holders seeking to attend Tampa Bay Buccaneers games at the Raymond James Stadium in Tampa, Florida.
Holding: In this case, it was a clear error for the district court to find that Johnston did not consent to the pat-down searches which were conducted and that Johnston had a right to attend games that was unconstitutionally infringed.
Reasoning: In reaching this decision, the court looked at the factors determining the voluntariness of the pat-down search. Johnston knew he would be subjected to a pat-down search process upon entry into the stadium, he was not in custody, and the screeners did not coerce him, nor was he under any threat of physical or other retribution if he refused to submit to the search. Considering the totality of the circumstance, the Court concludes that Johnston voluntarily consented to pat-down searches each time he presented himself at the stadium to attend the game.
Impact of the Decision: The decision of this case has an impact on security searches under the fourth amendment. Because so many terrorists’ attacks have been targeted at large sporting events, the security level is