SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2011 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-54 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-54. Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit.
No search warrant shall be issued until there is filed with
the officer authorized to issue the same an affidavit of some person reasonably
describing the place, thing, or person to be searched, the things or persons to
be searched for thereunder, alleging briefly material facts, constituting the
probable cause for the issuance of such warrant and alleging substantially the
offense in relation to which such search is to be made and that the object, thing,
or person searched for constitutes evidence of the commission of such offense.
The affidavit may be filed by electronically transmitted facsimile process.
Such affidavit shall be certified by the officer who issues such warrant and
delivered in person, mailed by certified mail, return receipt requested, or
delivered by electronically transmitted facsimile process by such officer or
his designee or agent to the clerk of the circuit court of the county or city
wherein the search is made, with a copy of the affidavit also being delivered
to the clerk of the circuit court of the county or city where the warrant is
issued, if in a different county or city, within seven days after the issuance
of such warrant and shall by such clerks be preserved as a record and shall at
all times be subject to inspection by the public; however, such
affidavit, any warrant issued pursuant thereto, any return made thereon, and
any order sealing the affidavit, warrant or return may be temporarily
sealed for a specific period of time by the appropriate court upon
application of the attorney for the Commonwealth for good cause shown in an ex
parte hearing. Any individual arrested and claiming to be aggrieved by such
search and seizure or any person who claims to be entitled to lawful possession
of such property seized may move the appropriate court for the unsealing of
such affidavit, warrant, and return and the. The burden of
proof with respect to continued sealing shall be upon the Commonwealth. Each
such clerk shall maintain an index of all such affidavits filed in his office
in order to facilitate inspection. No such warrant shall be issued on an
affidavit omitting such essentials, and no general warrant for the search of a
house, place, compartment, vehicle or baggage shall be issued. The term
"affidavit" as used in this section, means statements made under oath
or affirmation and preserved verbatim.
Failure of the officer issuing such warrant to file the required affidavit shall not invalidate any search made under the warrant unless such failure shall continue for a period of 30 days. If the affidavit is filed prior to the expiration of the 30-day period, nevertheless, evidence obtained in any such search shall not be admissible until a reasonable time after the filing of the required affidavit.