United States v. Garrett James Barry and Faith Annette Long

HEANEY, Circuit Judge.

The United States appeals the district court’s order suppressing evidence seized during a warrantless search of a suitcase recovered from an airport Tele-Ticket Computer Check counter. We find that the defendant, Garrett James Barry, had a personal and reasonable expectation of privacy in the contents of the suitcase. Thus, Barry had standing to assert a fourth amendment violation, and a warrant was required before the search could take place. Moreover, we believe that circumstances surrounding the search of the suitcase were not sufficiently exigent to dispense with the…