United States v. Adrian K. Finnell

PAUL KELLY, Jr., Circuit Judge.

The government appeals from the district court’s granting of Adrian Finnell’s motion to suppress evidence obtained incident to a search of his luggage. We have jurisdiction under 18 U.S.C. § 3731 and we reverse for further proceedings.

We refer all to United States v. Miller, 811 F.Supp. 1485 (D.N.M.1993), for the facts relevant to this appeal. We have concluded that this appeal should be remanded in light of United States v. Little, 18 F.3d 1499 (10th Cir.1994) (en banc), insofar as the factors evaluated by the district court do not constitute a nonconsensual…