October 25, 2007

Ask The Lawyer

California Supreme Court to hear case about pat-down searches at football games

This week's question:
I read online this past week something about the California Supreme Court will decide about the legality of pat-down searches at football games. Is this true? Do you know anything about this? I have a real problem with those pat-down searches every time I go to a 49er game, which is all the time.

Ernie E.
Almaden Valley


Dear Ernie,
I am with you, Ernie. It is irritating every time I go to a Raiders home game at the Coliseum in Oakland, which is also all the time. (I’ve missed only two home games in Oakland in 30 years.)

Now, back to the legal issues. You may recall that back on July 27, I wrote a column in this paper entitled “Pat-down searches before you enter the football stadium may be OK.” The case involved long-term season-ticket holders who filed suit to have the pat down searches stopped. The name of the case is Sheehan v. The San Francisco 49ers, Ltd.

If you wish, you can read that Almaden Times column by going to my Web site, www.almadenvalley.lawyers.com. On the home page, click on “Times Articles.” The next screen will be “San Jose Attorney—Almaden Times Article.” Scroll down a few articles to “July 25, 2007” and it will be on your monitor.

The trial court in the Sheehan v. 49ers case held that the plaintiff season-ticket holders did not and could not state valid grounds for a suit because they did not and could not demonstrate that they had a reasonable expectation of privacy under the circumstances upon being searched at the entry to the football stadium.

Later, the Court of Appeal for the First Appellate District, Division Four, agreed and upheld the trial court and said in effect that pat down searches are OK in those circumstances.

Toward the end of the column I wrote that “A note of caution: the case was decided very recently so I would imagine there is a chance that it could be taken up by the California Supreme Court. If that happens, I will try to be on the lookout for it and keep you posted.”

Good thing I wrote that, since the plaintiffs in that suit filed a Petition for Review with the California Supreme Court that was granted on Oct. 10.

The statement of issues as stated in the California Supreme Court Web site reads:

Did ticket holders of the San Francisco 49ers football team impliedly consent to the team’s policy of conditioning admission to its stadium on submission to a pat down search when they purchased season tickets with knowledge of that policy?

If so, did that consent extinguish any reasonable expectation of privacy with respect to the searches as a matter of law, such that the trial court was not required to consider the justifications in support of the policy or balance plaintiffs’ privacy interests against the team’s countervailing interests?

What this means is that the legality of the pat down searches in that case will more than likely be decided by the California Supreme Court. This may take several months because of the briefing period required, oral argument, and then submission for decision.

It also means that the decision of the lower court is vacated, or set aside, so that the Court of Appeal decision cannot be cited as precedent. Under California Rules of Court, Rule 8.1105.(e), the lower Court of Appeal opinion is no longer considered published if the Supreme Court grants review.

If you are very interested in following this case closely you can learn of the outcome in the California Supreme Court by signing up for e-mail notification of all pertinent proceedings, including the announcement of the decision. (And best of all, it’s free and you will not be put on countless spam lists!)

Go online and enter: http://appellatecases.courtinfo.ca.gov/. Select “Supreme Court” and then click on “Search.” Enter the California Supreme Court Case Number: “S155742.” Here you can see the case information and the issues the California Supreme Court will decide. At the bottom of the page, click on “Click here” to request automatic e-mail notifications about this case.

You can then select which actions are of interest to you. If you are only interested in reading the decision of the California Supreme Court, select the boxes “Notice of Forthcoming Opinion posted” and “Disposition Filed.” (On this page you can also remove your e-mail from any notifications.)

After you register as outlined above, you will receive an e-mail very promptly from the Court Web site (Notify@jud.ca.gov). This e-mail will confirm your request and will ask you to verify your e-mail. You will need to verify your e-mail within 24 hours of your request for notification. (It’s really quite simple—if I can do it, you can do it!)

It is impossible for me to predict the outcome of this case, but I do know that from a lawyer’s point of view and a fan’s point of view, it is very interesting, to say the least. I guess it’s also possible for the United States Supreme Court to hear the case later on, but that may be a long shot. Stranger things have happened in the legal world, though.

As I said before in the earlier Almaden Times column, I will try to be on the lookout for later developments and keep my readers up to date on that very interesting topic.

Donald J. DeVries
Almaden Valley


Donald J. DeVries is an attorney practicing law in Almaden Valley. If you would like him to answer your question in his next Almaden Times column, you can reach him by e-mail at don@almadenvalleylawyers.com, fax at (408) 268-6502, telephone at (408) 268-9500, or mail at, 6475 Camden Avenue, Suite 200, San Jose, CA 95120. Your matters are personal and private, so of course, he will not disclose your identity or any details about your situation. To view Almaden Times columns since 1986 visit www.almadenvalleylawyers.com. DeVries writes this column to provide you with general information about important legal matters affecting California residents—not to give you legal advice about your specific matter. No attorney-client relationship is created by these articles. The law is complex and constantly changing and varies from state to state. So you should consult an attorney before taking any action that would affect your personal or business matters.