The state's high court ruled Monday that it doesn't have enough information to decide whether the pat-down policy is an illegal invasion of privacy. It ordered a trial court to gather more evidence, such as the 49ers' and NFLs reasons for the security measure, before deciding the issue.

Two season ticket holders sued the team in 2005 after the 49ers instituted the policy as part of the NFL's anti-terrorism security efforts. Two lower courts sided with the 49ers and dismissed the lawsuit.