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U.S. v. DRINKARD

No. 89-2408.

900 F.2d 140 (1990)

UNITED STATES of America, Appellee, v. David Melton DRINKARD, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 4, 1990.

Rehearing Denied May 10, 1990.

Attorney(s) appearing for the Case

Robert G. Duncan, Kansas City, Mo., for appellant.

Ronda R. Reems, Kansas City, Mo., for appellee.

Before McMILLIAN, Circuit Judge, HEANEY, Senior Circuit Judge, and FAGG, Circuit Judge.

HEANEY, Senior Circuit Judge.

At issue on this appeal is whether the district court erred in failing to suppress the fruits of an airport search of David Melton Drinkard's luggage. The district court held that the encounter between the agent and Drinkard was consensual and that Drinkard consented to the search of his luggage. Although the district court's conclusion that this encounter was purely consensual is erroneous, we affirm its decision not to suppress the...

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