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Tampa Bay stadium entry consent search reaffirmed by 11th Cir.

By John Wesley Hall, Jr.

The Eleventh Circuit grants rehearing in the Tampa Bay NFL stadium entry search case, a year after the original opinion (490 F.3d 820), and files a substitute opinion. The court holds that the NFL dictates the policy, and the policy leads to consent searches; the ticketholder does not have to enter if he or she refuses the search. Thus, the plaintiffs fail on their burden of proof for a preliminary injuction as to showing a likelihood of success on the merits. Alternatively, a "vital [public] interest" was shown for the consent entry searches. Johnston v. Tampa Sports Authority, 2008 U.S. App. LEXIS 12772 (11th Cir. June 18, 2008): Whether consent is voluntary is a fact question determined according to the totality of the circumstances. Schneckloth, 412 U...continue to full post

Full post as published by Fourth Amendment on June 19, 2008 (boomark / email).