U.S. v. BARRY

No. 87-5147.

853 F.2d 1479 (1988)

UNITED STATES of America, Appellant, v. Garrett James BARRY and Faith Annette Long, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 12, 1988.


Attorney(s) appearing for the Case

Jon M. Hopeman, Asst. U.S. Atty., Minneapolis, Minn., for appellant.

Bruce H. Hanley and John W. Lundquist, Minneapolis, Minn., for appellees.

Before LAY, Chief Judge, and HEANEY and MAGILL, Circuit Judges.


HEANEY, Circuit Judge.

The United States appeals the district court's order suppressing evidence seized during a warrantless search of a suitcase recovered from an airport Tele-Ticket Computer Check counter. We find that the defendant, Garrett James Barry, had a personal and reasonable expectation of privacy in the contents of the suitcase. Thus, Barry had standing to assert a fourth amendment violation, and a warrant was required before the search could take place...

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