Foltz v. Commonwealth

*110UPON A REHEARING EN BANC

FELTON, Chief Judge.

David L. Foltz, Jr. (“appellant”) was convicted by a jury of abduction with intent to defile pursuant to Code § 18.2-48 and was sentenced to life imprisonment. Before a panel of this Court, appellant contended that the trial court erred by denying his motion to suppress eyewitness testimony of police officers who observed him sexually assault a victim while she walked on a public sidewalk. Specifically, he asserts that evidence was inadmissible because it was obtained as a result of police officers’ use of a global positioning system (“GPS”) that…