McCarty

Vijay Shanker, (argued) and David E. Hollar, (briefed), United States Department of Justice, Washington, D.C., for the plaintiff-appellant.

William A. Harrison (argued and briefed), Davies Pacific Center, Honolulu, HI, for the defendant-appellee.

Before: MICHAEL DALY HAWKINS, M. MARGARET McKEOWN and JOHNNIE B. RAWLINSON, Circuit Judges.

The government's Motion to Amend footnote 6 in the Opinion that is cited at 2011 WL 3319428 (9th Cir. August 3, 2011) is granted, but only for the limited purpose of amending the third sentence of footnote 6 to read: "On appeal, the government did not contend this search of the second bag was a lawful administrative search or contest suppression of any evidence found therein on a basis independent of its main arguement."

No subsequent petitions for rehearing or rehearing en banc will be accepted for filing.

HAWKINS, Senior Circuit Judge:

The competing interests of personal privacy and the safety of the traveling public are at the heart of this interlocutory government appeal from the district court's suppression of all evidence obtained as a result of an airport search of defendant Simon McCarty's ("McCarty") checked luggage at Hilo…