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U.S. v. DEMOSS

No. 01-1665.

279 F.3d 632 (2002)

UNITED STATES of America, Appellant, v. Augustine DEMOSS, Jr., Appellee. Metropolitan Airports Commission, as owner and operator of the Minneapolis-St. Paul International Airport; City of St. Louis, Missouri, as owner and operator of the Lambert-St. Louis International Airport; Airports Council International, North America, an association representing government bodies that own and operate the principal airports served by scheduled air carriers in the United States; City of Kansas City, as owner and operator of the Kansas City International Airport, Amici on behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 7, 2002.

Attorney(s) appearing for the Case

Nathan Petterson, Asst. U.S. Atty., Minneapolis, MN, argued (Anthony W. Brown, Asst. U.S. Atty., on the brief), for appellant.

Kevin G. Ross, Minneapolis, MN, argued (Clifford M. Greene, on the brief), for Amici Curiae in support of U.S.

Katherine M. Menendez, Minneapolis, MN, argued, for appellee.

Before HANSEN, Chief Judge, RICHARD S. ARNOLD and BOWMAN, Circuit Judges.

BOWMAN, Circuit Judge.

The United States appeals from the order of the District Court adopting the recommendation of the Magistrate Judge (and denying, in a written order, the government's objections to the Report and Recommendation) that the court grant Augustine Demoss's suppression motion. The court held that evidence obtained as the result of a search of a Federal Express (FedEx) package, to be used in the prosecution of Demoss on federal drug charges, was obtained...

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