United States v. Edward Kelly

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 For these reasons, the district court held that the consent was revoked as a matter of law.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 inquiry into whether the consent was ever actually revoked.

I

On April 28,1988, appellee Edward Kelly was observed by Sheriffs…