United States v. Dmytro Patiutka

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

DIANA GRIBBON MOTZ, Circuit Judge:

The district court granted Dmytro Pati-utka’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. We affirm.

I

On April 27, 2013, Virginia State Trooper G.S. Cox, while patrolling Interstate 81, observed an SUV with tinted windows and…