RICHMOND, Va. - A lawyer for a sex offender asked the Virginia Supreme Court to reverse his client's conviction, arguing that evidence in the case was inadmissible because police illegally used an electronic tracking device to monitor the man's movements without first obtaining a search warrant.
Christopher Leibig told the court Thursday that the Virginia Court of Appeals wrongly upheld David Foltz's conviction in Fairfax County in 2008 of abduction with intent to defile.
The U.S. Supreme Court ruled this January that police cannot install GPS technology to track suspects without a warrant.
Virginia Theisen, a lawyer with the state attorney general's office, argued the crime was separate from Foltz's actions that were illegally tracked by GPS. She said that police gathered evidence by conventional means and that the conviction should stand.
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