Reed v. Commonwealth (P)

Even if Carpenter v. United States, 138 S. Ct. 2206 (2018), suggests that acquisition of five months of the defendant’s cell site location information was ipso facto an unconstitutional search, detectives and the prosecutor had a reasonable, good faith belief that their actions were constitutional at the time. Accordingly, under United States v. Chavez, 894 F.3d 593, 608 (4th Cir. 2018), the exclusionary rule does not apply, as there was no police or governmental conduct that needed to be deterred at the time it occurred.

Conviction affirmed.

Reed v. Commonwealth (P), No. 1305-15-4, Oct. 16, 2018. CAV (Alston) on remand from SCV.

Categories: Court of Appeals of Virginia, Opinions, Published

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