Legal Opinion · Concurring in part, dissenting in part

Anzualda v. Commonwealth

Court of Appeals of Virginia

Decided January 25, 2005No. 1719021Published

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

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Air Courier Conference of America v. American Postal Workers UnionSupreme Court of the United States · 1991
  3. United States v. Bradford Satterwhite, IIICourt of Appeals for the Fifth Circuit · 1992
  4. United States v. Bruce L. CraigCourt of Appeals for the Fifth Circuit · 1988
  5. United States v. Marvin B ChernaCourt of Appeals for the Fifth Circuit · 1999

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