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REED v. COMMONWEALTH

Record No. 1305-15-4.

834 S.E.2d 505 (2019)

71 Va. App. 164

Tobias O. REED v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

November 12, 2019.

Attorney(s) appearing for the Case

Marvin D. Miller (Law Office of Marvin D. Miller, on briefs), Alexandria, for appellant.

Victoria L. Johnson , Assistant Attorney General ( Mark R. Herring , Attorney General; Victoria N. Pearson , Deputy Attorney General; Toby J. Heytens , Solicitor General; Matthew R. McGuire , Principal Deputy Solicitor General, on brief), for appellee.

Present: Judges Petty, Beales and O'Brien.

Appellant Tobias O. Reed was convicted of distribution of cocaine, third or subsequent offense. At trial, the Commonwealth introduced records of Reed's historical cell site location information ("CSLI") to establish his proximity to the drug transaction on the day of the crime. This data was initially obtained by the Commonwealth through an ex parte court order to the cell-service provider pursuant to the Stored Communications Act ("SCA"), 18 U.S.C. § 2703, and...

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