United States v. Jose Martinez Escobar Vicky Lynn Loos, Also Known as Vicky L. Reppuhn

BYE, Circuit Judge.

The United States appeals the district court’s1 order granting Vicky Lynn Loos’s and Jose Martinez Escobar’s motions to suppress evidence discovered in a warrant-less search of their luggage. We affirm.

I

On February 24, 2003, Loos and Esco-bar were traveling from Los Angeles, California, to a final destination of Saginaw, Michigan, aboard a passenger bus. At midday, the bus arrived at the bus terminal in Omaha, Nebraska, to refuel. During refueling, the passengers were allowed to disembark and remain at ease in the terminal.

During this Omaha refueling stop, members of the…