United States v. Bonnie Kaye Little

PAUL KELLY, Jr., Circuit Judge,

concurring in part and dissenting in part.

I concur in the court’s opinion, with the exception of overruling the statement in United States v. Dimick, 990 F.2d 1164, 1166 (10th Cir.1993), that private sleeper cars on passenger trains can be comparable to hotel rooms where an occupant enjoys a heightened expectation of privacy. Ct.Op. at 1504. Dimick is correct and faithful to circuit precedent when taken in context. Dimick involved a search of a private sleeper car without consent or probable cause and followed United States v. Bloom, 975 F.2d 1447, 1453 n. 6…