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U.S. v. PATIUTKA

No. 14-4932.

804 F.3d 684 (2015)

UNITED STATES of America, Plaintiff-Appellant, v. Dmytro PATIUTKA, a/k/a Alex Parker, a/k/a Roman Pak, a/k/a Andrii Patiutka, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: October 23, 2015.

Attorney(s) appearing for the Case

ARGUED: Jean Barrett Hudson , Office of the United States Attorney, Charlottesville, Virginia, for Appellant. Andrea Lantz Harris , Office of the Federal Public Defender, Charlottesville, Virginia, for Appellee. ON BRIEF: Anthony P. Giorno , Acting United States Attorney, Office of the United States Attorney, Charlottesville, Virginia, for Appellant. Larry W. Shelton , Federal Public Defender, Christine Madeleine Lee , Research and Writing Attorney, Office of the Federal Public Defender, Roanoke, Virginia, for Appellee.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge WILKINSON and Judge AGEE joined.

The district court granted Dmytro Patiutka's motion to suppress evidence flowing from a warrantless search of his vehicle. The Government challenges that ruling, asserting that the search was incident to an arrest or, in the alternative, fell within the automobile exception to the Fourth Amendment's warrant requirement...

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