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U.S. v. KELLY

No. 88-5970.

913 F.2d 261 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Edward KELLY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 11, 1990.

Attorney(s) appearing for the Case

W. Hickman Ewing, Jr., U.S. Atty., Timothy R. DiScenza, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Memphis, Tenn., for plaintiff-appellant.

Edward Witt Chandler (argued), Memphis, Tenn., for defendant-appellee.

Before MERRITT, Chief Judge, BOGGS, Circuit Judge, and CONTIE, Senior Circuit Judge.

BOGGS, Circuit Judge.

The United States appeals the district court's order suppressing evidence seized in this airport drug search case. The district court found that Kelly gave consent to a search of his bag. However, independent of the search of the bag, Kelly was improperly searched and arrested before the search of the bag was carried out. For these reasons, the district court held that the consent was revoked as a matter of law. We reverse and remand for a factual...

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