VA: CSLI obtained before Carpenter was valid

CSLI obtained in 2012 and 2015 was lawful at the time before Carpenter, so the good faith exception applies. (The case was GVR’d because of Carpenter.) “We adopt the analytical framework set forth in Chavez. Appellant’s CSLI was acquired in the same way used by the government in Chavez. … Appellant does not contend that the statutes were invalid at the time the Commonwealth obtained his CSLI in 2012 and 2015 because Carpenter was decided in 2018. Thus, it necessarily follows that both the detectives and the Commonwealth’s attorney had a reasonable, good faith belief that their actions were constitutional at the time. Accordingly, the exclusionary rule does not apply as there was no police or governmental conduct that needed to be deterred at the time it occurred.” Reed v. Commonwealth, 2018 Va. App. LEXIS 275 (Oct. 16, 2018).