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U.S. v. DIGIOVANNI

No. 10-4417.

650 F.3d 498 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Stephen Gerard DIGIOVANNI, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2011.

Attorney(s) appearing for the Case

ARGUED: Ayn Brigoli Ducao , Office of the United States Attorney, Baltimore, Maryland, for Appellant. Marta Kahn , Baltimore, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein , United States Attorney, Baltimore, Maryland, for Appellant. William B. Purpura , Purpura & Purpura, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion in which Judge MOTZ and Judge DIAZ joined.

OPINION

HAMILTON, Senior Circuit Judge:

The United States appeals from an order of the district court granting the motion to suppress certain evidence filed by the defendant, Stephen Digiovanni. We affirm.

I

On July 28, 2009, at approximately 11:53:00 a.m., Trooper Christopher Conner of the Maryland State Police observed Digiovanni's car traveling northbound on Interstate 95 (I-95), in northeast Maryland, near the towns of North East and...

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