Anzualda v. Commonwealth
Court of Appeals of Virginia
1Concurring in part, dissenting in part
KELSEY, J.,
with whom BUMGARDNER, J., joins, concurring, in part, dissenting, in part.
I concur in Part 11(B) of the majority opinion applying the Leon good-faith immunity to this case. I do not join in Part 11(A), which offers an advisory opinion on probable cause principles. Because Leon applies, it renders any further dissection of the warrant logically and legally unnecessary — as Virginia courts, both federal and state,8 and the great majority *789of other appellate courts have concluded.9 “Principles of judicial restraint and precedent dictate that, in most cases, we should not reach the…
2Cases cited12 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Air Courier Conference of America v. American Postal Workers UnionSupreme Court of the United States · 1991
- United States v. Bradford Satterwhite, IIICourt of Appeals for the Fifth Circuit · 1992
- United States v. Bruce L. CraigCourt of Appeals for the Fifth Circuit · 1988
- United States v. Marvin B ChernaCourt of Appeals for the Fifth Circuit · 1999
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