Legal Opinion · Dissent

Anzualda v. Commonwealth

Court of Appeals of Virginia

Decided February 24, 2004No. Record 1719-02-1Published

1DissentHumphreys, J.

Even assuming the affidavit here was insufficient, and the related search warrant invalid, I would affirm the trial court’s ruling pursuant to the good faith exception to the warrant requirement established in United States v. Leon, 468 U.S. *489897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). I, thus, do not join the majority in its analysis or judgment.

In Leon, the United States Supreme Court recognized a constitutional preference that police officers seek search warrants from neutral and detached magistrates and held that “suppression of evidence obtained pursuant to a warrant [issued by a…

2Cases cited17 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. United States v. VentrescaSupreme Court of the United States · 1965
  3. Massachusetts v. SheppardSupreme Court of the United States · 1984
  4. Ohree v. CommonwealthCourt of Appeals of Virginia · 1998
  5. United States v. Warren G. JohnsonCourt of Appeals for the Tenth Circuit · 1972

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