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2012 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 (i) facsimile
process or (ii) electronic record as defined in § 59.1-480. 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 or by use of filing and security procedures as defined in the
Uniform Electronic Transactions Act (§ 59.1-479 et seq.) for transmitting
signed documents, 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 after the warrant that is the subject of the affidavit
has been executed or 15 days after issuance of the warrant, whichever is
earlier; 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. 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.