Court of Appeals for the Ninth Circuit August 25, 2003, Nos. 02-55037, 02-55045; D.C. No. CV-96-02785-GHK (Gonzalez v. Metropolitan Transportation Authority)

KLEINFELD,

Circuit Judge, dissenting.

I respectfully dissent.

In response to our remand of Mr. and Mrs. Gonzalez’s cases, the district court did exactly what we asked it to do: it carefully balanced the search’s intrusion on the individuals’ Fourth Amendment interests against the search’s promotion of legitimate governmental interests.