United States v. Daryl Gant (Originally Indicted as Daryl Grant), 112 F.3d 239 (6th Cir. 1997). · Go Syfert
United States v. Daryl Gant (Originally Indicted as Daryl Grant), 112 F.3d 239 (6th Cir. 1997). Cases Citing This Book View Copy Cite
89 citation events (79 in the last 25 years) across 17 distinct courts.
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Dissent People v. McKnight, 2019 CO 36, 446 P.3d 397
“See , e.g. , United States v. Gant , 112 F.3d 239 , 241 (6th Cir. 1997) ("A passenger on a common carrier has no reasonable expectation of privacy in the exterior of his luggage or the airspace surrounding it."); Roby , 122 F.3d at 1125 ("Mr. Roby had an expectation of privacy in his Hampton Inn hotel room.”
Cited for
At page 242 Determining seizure when possessory interest is not interfered with26 citing cases“when law enforcement officers rely upon consent as the basis for a warrantless search, the scope of the consent given determines the permissible scope of the search.”4 citing courts quote it · 24 listed here
  • Corrin, No. 1:25-cv-11173 (E.D. Mich. July 24, 2026).
    Ibid. (citing Florida v. Jimeno, 500 U.S. 248, 251-52 (1991); United States v. Gant, 112 F.3d 239, 242 (6th Cir. 1997); United States v. Mitchell, 82 F.3d 146, 151 (7th Cir. 1996)).
  • M.P v. City of Oak Park, No. 2:19-cv-13501 (E.D. Mich. Aug. 12, 2021).
    United States v. Gant, 112 F.3d 239, 242 (6th Cir. 1997).
  • United States v. Miguel Garcia, 834 F. App'x 134 (6th Cir. 2020).unpublished
    “When law enforcement officers rely upon consent as the basis for a warrantless search, the scope of the consent given determines the permissible scope of the search.” United States v. Gant, 112 F.3d 239, 242 (6th Cir. 1997).
  • Angie Hall v. Katrice Sweet, 666 F. App'x 469 (6th Cir. 2016).unpublished 2 cites
    United States v. Gant, 112 F.3d 239, 242 (6th Cir. 1997).
  • United States v. Hoffmann, 75 M.J. 120 (C.A.A.F. 2016).published
    Id. at 702 (bag moved from overhead compartment to seat so that drug dog could sniff for drugs was not “meaningful interference”); United States v. Gant, 112 F.3d 239, 242 (6th Cir.1997) (same); United States v. Lovell, 849 F.2d 910 (5th C…
  • State v. Robinson, 2012-Ohio-2428.published
    “When law enforcement officers rely upon consent as the basis for a warrantless search, the scope of the consent given determines the permissible scope of the search.” United States v. Gant, 112 F.3d 239, 242 (6th Cir.1997).
  • United States v. Basilio Jimenez, 446 F. App'x 771 (6th Cir. 2011).unpublished
    Although there is no question that an officer’s search cannot exceed the scope of a suspect’s consent, United States v. Gant, 112 F.3d 239, 242 (6th Cir.1997) (citing Florida v. Jimeno, 500 U.S. 248, 251 , 111 S.Ct. 1801 , 114 L.Ed.2d 297…
  • United States v. William McCall, 433 F. App'x 432 (6th Cir. 2011).unpublished 2 cites
    United States v. Gant, 112 F.3d 239, 242 (6th Cir. 1997).
  • United States v. Simmons, 202 F. App'x 82 (6th Cir. 2006).unpublished
    Both parties properly note that the review standard is one of objective reasonableness: ‘When law enforcement officers rely upon consent as the basis for a warrantless search, the scope of the consent given determines the permissible scope…
  • United States v. Garrido-Santana, No. 02-6076 (6th Cir. Feb. 20, 2004).published
    Second, search.” United States v. Gant, 112 F.3d 239, 242 (6th Cir. assuming that this questioning was not reasonably related to 1997).
Show 14 more citing cases
  • United States v. Elvis A. Garrido-Santana, 360 F.3d 565 (6th Cir. 2004).published
    The Scope of Defendant’s Consent to Search Defendant appeals the district court’s denial of his suppression motion on the ground that the search of defendant’s gas tank exceeded the reasonable scope of defendant’s consent. 8 “When law enfo…
  • United States v. Mendoza-Gonzalez, No. 01-50510 (5th Cir. May 15, 2003).published
    “We are unwilling to read Jimeno to hold ... that enforcement officials must conduct all searches in plain view of the suspect, and in a manner slowly enough that he may withdraw or delimit his consent at any time during the search.” McSwe…
  • United States v. Melendez, 301 F.3d 27 (1st Cir. 2002).published
    (reasonable person would understand that officer’s request to “look” in bag sought consent to search bag)
  • Fewless ex rel. Fewless v. Bd. of Educ. of Wayland Union Schs., 208 F. Supp. 2d 806 (W.D. Mich. 2002).published
    United States v. Gant, 112 F.3d 239, 242 (6th Cir.1997) (citing Florida v. Jimeno, 500 U.S. 248, 251-52 , 111 S.Ct. 1801 , 114 L.Ed.2d 297 (1991)).
  • United States v. Humphrey, 30 F. App'x 596 (6th Cir. 2002).unpublished
    United States v. Gant, 112 F.3d 239, 242 (6th Cir.1997).
  • West v. Duncan, 179 F. Supp. 2d 794 (N.D. Ohio 2001).published
    United States v. Gant, 112 F.3d 239, 242 (6th Cir.1997).
  • United States v. Dishman, 12 F. App'x 289 (6th Cir. 2001).unpublished
    United States v. Gant, 112 F.3d 239, 242 (6th Cir.1997).
  • United States v. Scottie Ray Hurst, 228 F.3d 751 (6th Cir. 2000).published
    United States v. Gant, 112 F.3d 239, 242 (6th Cir.1997).
  • Robert Painter v. Bill Robertson Robert Tush, 185 F.3d 557 (6th Cir. 1999).published 2 cites
    See Florida v. Jimeno, 500 U.S. 248, 251-52 , 111 S.Ct. 1801 , 114 L.Ed.2d 297 (1991); United States v. Gant, 112 F.3d 239, 242 (6th Cir.1997); United States v. Mitchell, 82 F.3d 146, 151 (7th Cir.1996).
  • Rockwood Auto Parts, Inc. v. Monroe Cnty., Mich., 155 F.4th 557 (6th Cir. 2025).published
    Schneckloth, 412 U.S. at 222 ; see Morgan, 435 F.3d at 663 . “[T]he scope of the consent given determines the permissible scope of the search.” United States v. Garrido-Santana, 360 F.3d 565, 575 (6th Cir. 2004) (quoting United States v. G…
  • United States v. Canipe, 569 F.3d 597 (6th Cir. 2009).published 2 cites
    (holding that “the use of the term ‘look’ placed no particular limitations on the scope of the search” and that “a reasonable person would understand that a request by a police officer to ‘look’ in a bag seeks consent to…)
  • United States v. Wade, 181 F. Supp. 2d 715 (E.D. Mich. 2002).published
    (noting that “the scope of the consent given determines the permissible scope of the search)
  • United States v. Joshua Roberts, 603 F. App'x 426 (6th Cir. 2015).unpublished
    (finding no meaningful interference with defendant’s possessory interest in a bag when officers moved the bag a short distance for a short time)
  • United States v. Jose Gerardo Mendoza-Gonzalez, 318 F.3d 663 (5th Cir. 2003).published
    ('any words ..)
At page 241 Determining search and seizure in luggage examination13 citing casesA passenger on a common carrier has no reasonable expectation of privacy in the exterior of his luggage or the airspace surrounding it.1 citing court put it this way · 10 listed here
  • People v. McKnight, 2019 CO 36, 446 P.3d 397.published 2 cites
    (A passenger on a common carrier has no reasonable expectation of privacy in the exterior of his luggage or the airspace surrounding it.)
  • United States v. Traynal Lenone Sherrell, No. 23-3562 (6th Cir. July 24, 2024).unpublished
    But a seizure occurs only “when there is some meaningful interference with an individual’s possessory interests in that property.” United States v. Gant, 112 F.3d 239, 241 (6th Cir. 1997) (quoting United States v. Jacobsen, 466 U.S. 109, 1…
  • United States v. Johnson, 25 F. Supp. 3d 1034 (W.D. Mich. 2014).published 3 cites
    A “seizure” of property occurs when there is some meaningful interference with an individual’s possessory interests in that property.’ ” United States v. Gant, 112 F.3d 239, 241 (6th Cir.1997) (quoting United States v. Jacobsen, 466 U.S. 1…
  • United States v. Alexander, 540 F.3d 494 (6th Cir. 2008).published 3 cites
    United States v. Gant, 112 F.3d 239, 241 (6th Cir. 1997).
  • United States v. Michael A. Robinson, 390 F.3d 853 (6th Cir. 2004).published 2 cites
    Under analogous circumstances, we have held that the brief investigative detention and relocation of baggage so that it could be examined by a drug-sniffing dog did not constitute a search or seizure, *870 where the luggage was not opened…
  • State v. Van Cleave, 2001-NMSC-031, 33 P.3d 633.published
    For example, courts have held that no search occurs when law enforcement officers use dogs on vehicles in a motel parking lot, United States v. Ludwig, 10 F.3d 1523, 1526 (10th Cir.1993); on vehicles in a school parking lot, Hearn v. Bd. o…
  • United States v. Patty, 96 F. Supp. 2d 703 (E.D. Mich. 2000).published
    (removing unattended bag from overhead compartment in order to conduct dog sniff did not implicate Fourth Amendment)
  • United States v. Kevin C. Ward, 144 F.3d 1024 (7th Cir. 1998).published
    (unattended bag removed from overhead compartment of bus to seat below to facilitate dog sniff)
  • United States v. Ware, 154 F. Supp. 2d 1016 (W.D. Ky. 2001).published
    (holding that removal of bag “from overhead compartment for examination by a drug-sniffing d‘og constituted neither a search nor a seizure)
  • United States v. Eugene Nicholson, Jr., 144 F.3d 632 (10th Cir. 1998).published
At page 243 Determining scope of general consent to search containers10 citing cases“general consent to a search permits the opening of closed but unlocked containers found in the place as to which consent was given”3 citing courts quote it · 7 listed here
  • United States v. Gerald Cunningham, 441 F. App'x 209 (4th Cir. 2011).unpublished
    A suspect’s “general consent to a search permits the opening of closed but unlocked containers found in the place as to which consent was given.” United States v. Gant, 112 F.3d 239, 243 (6th Cir.1997) (internal quotation marks and alterat…
  • United States v. Lucas, 640 F.3d 168 (6th Cir. 2011).published
    We stated that “it is ‘ordinarily’ true that ‘general consent [to a search] permits the opening of closed but unlocked containers found in the place as to which consent was given’ even ‘where officers did not tell the suspect the object of…
  • United States v. Antonio R. Henry, 429 F.3d 603 (6th Cir. 2005).published 2 cites
    United States v. Gant, 112 F.3d 239, 243 (6th Cir. 1997).
  • United States v. Yanier Tellez Crespo, 86 F.4th 1148 (6th Cir. 2023).published
    ([A]ny words, when viewed in context, that objectively communicate to a reasonable individual that the officer is requesting permission to conduct a search constitute a valid search request.” (cleaned up))
  • United States v. Canipe, 569 F.3d 597 (6th Cir. 2009).published 2 cites
    See United States v. Gant, 112 F.3d 239, 242 (6th Cir. 1997) (holding that “the use of the term ‘look’ placed no particular limitations on the scope of the search” and that “a reasonable person would understand that a request by a police o…
  • United States v. Williams, 159 F. App'x 500 (4th Cir. 2005).unpublished
    The Court held that “it was objectively reasonable for the police to conclude that the general consent to search respondents’ car [for narcotics] included consent to search containers within the car that might bear drugs.” Id.; see United…
  • United States v. William Lee Jones, 356 F.3d 529 (4th Cir. 2004).published 2 cites
    (explaining that "‘general consent [to a search] permits the opening of closed but unlocked containers found in the place as to which consent was given.’" (quoting Wayne R. LaFave, Search and Seizure, § 8.1(c) & n. 75 (1…)
At page 240 holding police officers' removal of luggage from an overhead compartment of a Greyhound bus to subject the luggage to a drug-sniffing dog did not constitute a seizure under the Fourth Amendment2 citing cases2 citing courts put it this way · 1 listed here
  • United States v. Keith A. Va Lerie, 424 F.3d 694 (8th Cir. 2005).published 2 cites
    (holding police officers' removal of luggage from an overhead compartment of a Greyhound bus to subject the luggage to a drug-sniffing dog did not constitute a seizure under the Fourth Amendment)
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Daryl GANT (Originally Indicted as Daryl Grant), Defendant-Appellant
96-5014.
Court of Appeals for the Sixth Circuit.
Apr 23, 1997.
Published opinion
112 F.3d 239
1997 U.S. App. LEXIS 8058
1997 WL 194074
Timothy R. DiScenza, Asst. U.S. Attorney (briefed), Paul M. O’Brien (argued), Office of the U.S. Attorney, Memphis, TN, for Plaintiff-Appellee., Stephen B. Shankman (argued), Joseph T. Townsend (briefed), Office of the Federal Public Defender for the Western District of Tennessee, Memphis, TN, for Defendant-Appellant.
Boggs, Norris, Gibson.
Cited by 60 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 57%
Citer courts: Supreme Court of Colorado (1)
ALAN E. NORRIS, Circuit Judge.

Defendant appeals an order denying his motion to suppress evidence of drugs found in a tote bag belonging to him, arguing that the removal of the bag from an overhead compartment above his seat on a Greyhound bus constituted an unreasonable search and seizure in violation of the Fourth Amendment, and that the subsequent search of the bag exceeded the scope of his consent to search. We affirm.

I.

Defendant was a passenger on a Greyhound bus that arrived in Memphis, Tennessee, on the evening of July 26, 1994. Officer Frank Bell of the Organized Crime Unit of the Memphis Police Department conducted a “sweep” of the bus for narcotics. After all of the passengers exited the bus, the sweep was conducted by removing their bags from the overhead compartment and placing them on the seats below. A drug-sniffing dog then examined the bags. The dog alerted to two of the bags, indicating that they might contain drugs. Prior to the sweep, these two bags had been located next to each other in the overhead compartment directly above defendant’s seat.

All of the bags were then placed back in the overhead compartment, and the passengers were allowed to return to the bus. Officer Bell inquired about the ownership of the two bags to which the dog had alerted. Defendant indicated that one of the bags, a black bag, was his, but he disclaimed ownership of the other bag, a maroon bag. No other passenger claimed ownership of the maroon bag.

Bell then removed the unclaimed maroon bag from the bus and examined its contents. He found, among other items, a box of Tide detergent. Upon opening the box of Tide, he discovered that it contained cocaine.

Bell returned to the bus and asked défendant if he could “look” in the black bag. Defendant stated that the officer could do so if defendant was permitted to open the bag himself. When defendant opened the bag, Bell observed some clothing and a box of Tide like the one contained in the maroon bag. Bell opened the box of Tide and discovered that it too contained cocaine.

Following an indictment for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841, defendant sought to suppress the evidence of the drugs in the black bag, arguing that the removal of his bag from the overhead compartment violated his Fourth Amendment rights, and that the opening of the Tide box exceeded the scope of his consent for Bell to look in his bag. The district court denied the motion to suppress, holding that the removal of the bag[*241] from the overhead compartment was neither a search nor a seizure, that defendant’s Fourth Amendment rights were therefore not implicated, and that defendant’s consent for Bell to look in the bag extended to containers found inside of the bag, including the Tide box. Defendant then entered a conditional guilty plea, preserving his right to appeal these holdings.

II.

When this court reviews the ruling of a district court on a motion to suppress evidence, it reviews the district court’s findings of fact for clear error and its conclusions of law de novo. United States v. Duncan, 918 F.2d 647, 650 (6th Cir.1990).

The Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const, amend. IV. In defining the terms “search” and “seizure,” the United States Supreme Court has stated that

[a] “search” occurs when an expectation of privacy that society is prepared to consider reasonable is infringed. A “seizure” of property occurs when there is some meaningful interference with an individual’s possessory interests in that property.

United States v. Jacobsen, 466 U.S. 109, 113, 104 S.Ct. 1652, 1656, 80 L.Ed.2d 85 (1984). The district court in this case concluded that the removal of defendant’s bag from the overhead compartment for examination by a drug-sniffing dog constituted neither a search nor a seizure.

In ruling that no search occurred, the district court relied upon United States v. Place, 462 U.S. 696, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983). In Place, the Supreme Court held that exposure of an airline passenger’s luggage to a drug-sniffing dog did not constitute a search within the meaning of the Fourth Amendment. Id. at 707, 103 S.Ct. at 2644-45. The Court based its ruling upon the fact that a “canine sniff’ causes a very limited intrusion, in terms of both the manner in which the information is obtained, and the content of the information revealed. Id. The luggage need not be opened to conduct the canine sniff, and non-contraband items are not exposed to police or public view. Moreover, the only information obtained is whether , or not the luggage contains drugs. No reasonable expectation of privacy is infringed, and therefore no -“search” occurs. Id. This court has likewise held that a passenger on a common carrier has no reasonable expectation of privacy in the exterior of his luggage or the airspace surrounding it. United States v. Guzman, 75 F.3d 1090, 1094 (6th Cir.), cert. denied, — U.S. -, 117 S.Ct. 266, 136 L.Ed.2d 190 (1996). The district court was thus correct in concluding that the exposure of defendant’s bag to the drug-sniffing dog did not constitute a search.

The district court also concluded that moving defendant’s bag from the overhead compartment to the seat did not constitute a seizure, because its removal caused no meaningful interference with defendant’s possessory interest in the bag. The court noted that defendant had left the bag unattended, that its removal from the open compartment above his seat was temporary and did not impair his access to the bag, and that defendant’s continued travel would not have been interrupted had the dog not detected drugs in his bag.

On appeal, defendant attempts to distinguish his case from United States v. Harvey, 961 F.2d 1361 (8th Cir.1992), a case with very similar facts [1] which was cited by the district[*242] court. In Harvey, officers brought a drug-sniffing dog aboard a bus, and the dog gave an “air sniff,” lifting his head high and sniffing at the air above him. This was an indication that there were drugs somewhere on the bus above the level of the dog’s head. The Eighth Circuit noted that the dog’s air sniff gave the officers reasonable suspicion that the overhead luggage compartment contained contraband. Defendant contends that since there was no such reasonable suspicion here, the evidence from the canine sniff of his bag should be suppressed. However, this argument ignores the fact that the result in Harvey did not turn on the presence of reasonable suspicion. Instead, the court held explicitly that “because there was no meaningful interference with appellants’ possessory interests in their baggage, ... no seizure occurred.” Id. at 1364. That there was no reasonable suspicion involved in defendant’s case does not diminish Harvey’s persuasive value. In fact, this court has rejected just such an attempt to distinguish Harvey, stating that “[i]f the defendant had no reasonable expectation of privacy in his bag to begin with, then [the officer’s conduct] was not a search or seizure under the Fourth Amendment regardless of whether the officer had reasonable suspicion or no suspicion” when he acted. United States v. Guzman, 75 F.3d 1090, 1094 (6th Cir.), cert. denied, — U.S. -, 117 S.Ct. 266, 136 L.Ed.2d 190 (1996).

In focusing his efforts upon distinguishing Harvey, defendant fails to address the district court’s ruling that no seizure occurred here because the facts of the case reveal that there was no meaningful interference with defendant’s possessory interest in his bag. The bag was moved only a short distance (from an open overhead compartment to the seat below), for a short time (just long enough for the dog to walk up and down the aisle), and the movement occurred at a time when defendant had left the bag unattended, so his access to it was never impaired. Finally, had the dog not indicated that the bag contained drugs, defendant would have been able to travel uninterrupted to the next stop with his bag. Because there was no meaningful interference with defendant’s possessory interest in his bag, there was no seizure.

Since the sweep involved neither a search nor a seizure, none of defendant’s Fourth Amendment rights were implicated. The district court was therefore correct in denying his motion to suppress.

When law enforcement officers rely upon consent as the basis for a warrantless search, the scope of the consent given determines the permissible scope of the search. Florida v. Jimeno, 500 U.S. 248, 251-52, 111 S.Ct. 1801, 1803-04, 114 L.Ed.2d 297 (1991). The standard for measuring the scope of the consent given is objective reasonableness— “what would the typical reasonable person have understood by the exchange between the officer and the suspect?” Id. at 251, 111 S.Ct. at 1803-04.

Defendant contends that the search of his bag exceeded the scope of his consent, because his affirmative response to Officer Bell’s request to “look” in his bag limited the scope of the search to a visual inspection, and because it is not objectively reasonable to interpret defendant’s consent as extending to the opening of closed containers within the bag (such as the box of Tide).

The district court was correct in its view that the use of the term “look” placed no particular limitations on the scope of the search. Applying the Jimeno objective reasonableness test, a reasonable person would understand that a request by a police officer to “look” in a bag seeks consent to search the bag for evidence of illegal activity. Other courts of appeals considering this issue have eschewed fine semantic distinctions, refusing to allow the Fourth Amendment analysis to turn on the officer’s choice of words. In United States v. Rich, 992 F.2d 502 (5th Cir.1993), for example, the court considered the scope of the consent given by a defendant’s affirmative response to an officer’s request to “have a look in” his pick-up truck. The defendant in Rich argued that this language allowed the officer to conduct a visual inspection only, but the court stated that it

deeline[d] the defendant’s invitation to establish a list of specific terms from which an officer must select the most appropriate for each individual situation and/or defendant. To so hamper law enforcement offi[*243] eials in their everyday duties would be an unjustifiable extension of the Fourth Amendment’s requirement that searches be “reasonable.” Several other circuits have held that a request to “look in” or “look through” ... is the equivalent of a request to “search”....
We take this opportunity to establish a similar rule for our own circuit: it is not necessary for an officer specifically to use the term “search” when he requests consent____

Rich, 992 F.2d at 506 (citing United States v. Espinosa, 782 F.2d 888, 892 (10th Cir.1986); United States v. Harris, 928 F.2d 1113, 1117 (11th Cir.1991)). We agree with the Fifth Circuit’s conclusion in Rich that “any words, when viewed in context, that objectively communicate to a reasonable individual that the officer is requesting permission to [conduct a search] constitute a valid search request” for Fourth Amendment purposes. 992 F.2d at 506.

The district court was also correct in finding that the opening of the box of Tide did not exceed the scope of defendant’s consent. Ordinarily, “general consent [to a search] permits the opening of closed but unlocked containers found in the place as to which consent was given.” See Wayne R. LaFave, Search and Seizure, § 8.1(c) & n. 75 (1986). Given the Supreme Court’s statement in Jimeno that “[t]he scope of a search is generally defined by its expressed object,” 500 U.S. at 251, 111 S.Ct. at 1804, it is particularly important to allow searches of closed containers in eases where the suspect is told that officers are searching for drugs, since drugs are often stored in such containers. However, other courts have held that searches of closed containers should be allowed in cases like this one, where officers did not tell the suspect the object of their search. See, e.g., United States v. Crain, 33 F.3d 480 (5th Cir.1994) (holding that consent to search vehicle included consent to search paper bag contained therein, despite fact that officers gave no indication as to what they were looking for); see also LaFave, supra, § 8.1(c) n. 76.

This analysis is particularly applicable to luggage search cases, since the luggage of a typical traveler is likely to include numerous containers, such as those in which health and hygiene products are packaged. A reasonable person who consents to a search of one of his bags would not expect the officer to repeat his request for consent before examining each new item encountered in the bag. See United States v. Battista, 876 F.2d 201 (D.C .Cir.1989) (holding that consent to search luggage included consent to search plastic bags contained therein and stating that the court refuses to turn such searches into games of “Mother-may-I”). That approach would be unduly burdensome, and inconsistent with the objective reasonableness standard established by the Supreme Court in Jimeno.

Since we conclude that this was a valid consent search, we need not consider the government’s argument that the search was also justified under the “search incident to arrest” exception to the warrant requirement.

III.

The district court’s denial of defendant’s motion to suppress is hereby affirmed.

1

. Harvey involved a narcotics sweep on a Greyhound bus at a stop in Little Rock, Arkansas. After all of the passengers exited the bus, and following the' drug-sniffing dog’s “air sniff,” the baggage was removed from the overhead compartment and placed at the dog’s level. After the dog alerted to two bags, indicating that they might contain drugs, the officers returned all of the bags to the overhead compartment. The passengers reboarded the bus, and the officers then asked to whom the suspicious bags belonged. The defendants claimed the bags, which were discovered to contain marijuana. The court of appeals ruled that the conduct of the officers did not amount to a "seizure.” 961 F.2d at 1364. The only factual difference between the instant case and Harvey is that the conduct of the dog prior to the sweep in Harvey gave the officers reasonable suspicion that there were drugs on the bus. However, as discussed above, this finding was not necessary to support the district court’s holding that there was no "seizure.”