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U.S. v. PURCELL

No. 07-5517.

526 F.3d 953 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Frederick PURCELL, Jr., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 29, 2008.

Attorney(s) appearing for the Case

ARGUED: Andrew Sparks, Assistant United States Attorney, Lexington, Kentucky, for Appellant. Wende C. Cross, Cross, Smith & Associates, Cincinnati, Ohio, for Appellee. ON BRIEF: Andrew Sparks, Charles P. Wisdom, Jr., Assistant United States Attorneys, Lexington, Kentucky, for Appellant. Wende C. Cross, Cross, Smith & Associates, Cincinnati, Ohio, for Appellee.

MOORE, J., delivered the opinion of the court, in which GILMAN, J., joined. SUTTON, J. (pp. 965-68), delivered a separate opinion concurring in part and dissenting in part.

OPINION

KAREN NELSON MOORE, Circuit Judge.

In this case we are asked whether the discovery of men's clothing in a bag that a female claimed to own erases for future bags the apparent authority that justified the officers' warrantless search of the first bag, thereby making a subsequent search illegal. We hold that the discovery of men's clothing eviscerated any apparent authority, but that the officers could...

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