Supreme Court to review “pat down” searches at NFL games

How Appealing notes that Bob Egelko is reporting the California Supreme Court has accepted review in Sheehan v. The San Francisco 49ers.  I blogged about the appellate decision earlier this year (“Do you have the right to privacy if you know your privacy will be invaded?“).

Under the California Constitution, you a have right to privacy that is enforceable against both the government and other private parties.  In this case, the question is whether the Sheehans had a reasonable expectation of privacy since they had learned of the searches before they purchased their season tickets.  In other words, can a private company avoid the strictures of the constitutional right to privacy merely by giving notice that your privacy will be breached.

This will be an important case that will have implications for all of the new security screening that we have seen implemented since 9/11 — and may tell us something about the limits of private video surveillance that has becoming prevalent in both public and private spaces.

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