{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-270.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-270.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-270.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-270.2.html"}],"law_id":54053,"edition_id":1,"section_id":54053,"structure_id":12962,"section_number":"19.2-270.2","catch_line":"Disposition of money, securities or documents seized upon arrest, etc., and pertinent as evidence","history":"1980, c. 423; 1991, c. 680; 1995, c. 447.","full_text":"A\n\nWhen in the course of investigation or arrest, the investigating or arresting officer shall seize or come into the possession of moneys, cash, or negotiable or nonnegotiable instruments or securities, hereinafter called “moneys or securities,” taken or retained unlawfully from a financial institution or other person, and such moneys or securities, or a portion thereof, shall be pertinent evidence in a pending prosecution or appeal therefrom, the officer or agency having possession thereof, may retain, pending such prosecution or appeal thereof, sufficient of such moneys or securities as shall be necessary to prove the crime of grand larceny or other crimes requiring a specific amount in value. The court upon motion of the attorney for the Commonwealth and for good cause shown may order the release of all moneys or securities, subject to the provisions of this section. The remaining excess moneys or securities, if any, may be released to the owner thereof, upon proper receipt therefor, which release shall be with the consent of the attorney for the Commonwealth. The officer or agency authorizing such release shall make an appropriate record of such moneys or securities released, including designation or copying of serial numbers, and such record or receipt shall be admissible into evidence in any proceeding, hearing or trial of the case to the same extent as if such moneys or securities had been introduced. Such record or receipt shall contain the name of the financial institution or person from whom such moneys or securities were taken, the place from which taken, the name of the accused, and the name of the arresting officer or officers coming into initial possession of such moneys or securities. Pictures shall be taken of any instruments or securities and such pictures shall be attached to the receipt or record above and shall contain further, in the case of such copying, the date of the photograph and the name of the photographer.B\n\nWhen in the course of investigation or arrest, the investigating or arresting officer seizes or comes into the possession of moneys or securities under the provisions of this section, and such moneys or securities, or a portion thereof, are introduced as an exhibit in a prosecution or appeal therefrom, the court may, with the consent of the attorney for the Commonwealth, authorize the clerk of the circuit court, upon all appeal rights being exhausted, to deposit such moneys or cash in an interest-bearing account.","order_by":null,"text":{"0":{"id":198434,"text":"When in the course of investigation or arrest, the investigating or arresting officer shall seize or come into the possession of moneys, cash, or negotiable or nonnegotiable instruments or securities, hereinafter called “moneys or securities,” taken or retained unlawfully from a financial institution or other person, and such moneys or securities, or a portion thereof, shall be pertinent evidence in a pending prosecution or appeal therefrom, the officer or agency having possession thereof, may retain, pending such prosecution or appeal thereof, sufficient of such moneys or securities as shall be necessary to prove the crime of grand larceny or other crimes requiring a specific amount in value. The court upon motion of the attorney for the Commonwealth and for good cause shown may order the release of all moneys or securities, subject to the provisions of this section. The remaining excess moneys or securities, if any, may be released to the owner thereof, upon proper receipt therefor, which release shall be with the consent of the attorney for the Commonwealth. The officer or agency authorizing such release shall make an appropriate record of such moneys or securities released, including designation or copying of serial numbers, and such record or receipt shall be admissible into evidence in any proceeding, hearing or trial of the case to the same extent as if such moneys or securities had been introduced. Such record or receipt shall contain the name of the financial institution or person from whom such moneys or securities were taken, the place from which taken, the name of the accused, and the name of the arresting officer or officers coming into initial possession of such moneys or securities. Pictures shall be taken of any instruments or securities and such pictures shall be attached to the receipt or record above and shall contain further, in the case of such copying, the date of the photograph and the name of the photographer.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":198435,"text":"When in the course of investigation or arrest, the investigating or arresting officer seizes or comes into the possession of moneys or securities under the provisions of this section, and such moneys or securities, or a portion thereof, are introduced as an exhibit in a prosecution or appeal therefrom, the court may, with the consent of the attorney for the Commonwealth, authorize the clerk of the circuit court, upon all appeal rights being exhausted, to deposit such moneys or cash in an interest-bearing account.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":12962,"edition_id":1,"name":"In General","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12961,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169213,"object_type":"structure","relational_id":12962,"identifier":"1","token":"19.2\/16\/1","url":"\/19.2\/16\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12961,"edition_id":1,"name":"Evidence and Witnesses","identifier":"16","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169211,"object_type":"structure","relational_id":12961,"identifier":"16","token":"19.2\/16","url":"\/19.2\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70616,"structure_id":12962,"section_number":"19.2-267","catch_line":"Provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons","url":"\/19.2-267\/","token":"19.2\/16\/1\/19.2-267","metadata":false},{"id":80018,"structure_id":12962,"section_number":"19.2-267.1","catch_line":"Authority of law-enforcement officer to issue summons to witness; failure to appear","url":"\/19.2-267.1\/","token":"19.2\/16\/1\/19.2-267.1","metadata":false},{"id":58922,"structure_id":12962,"section_number":"19.2-267.2","catch_line":"Response to subpoena for information stored in electronic format","url":"\/19.2-267.2\/","token":"19.2\/16\/1\/19.2-267.2","metadata":false},{"id":83006,"structure_id":12962,"section_number":"19.2-268","catch_line":"Right of accused to testify","url":"\/19.2-268\/","token":"19.2\/16\/1\/19.2-268","metadata":false},{"id":72787,"structure_id":12962,"section_number":"19.2-268.1","catch_line":"Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section)","url":"\/19.2-268.1\/","token":"19.2\/16\/1\/19.2-268.1","metadata":false},{"id":76061,"structure_id":12962,"section_number":"19.2-268.2","catch_line":"Recent complaint hearsay exception (Subdivision (23) of Supreme Court Rule 2:803 derived from this section)","url":"\/19.2-268.2\/","token":"19.2\/16\/1\/19.2-268.2","metadata":false},{"id":64807,"structure_id":12962,"section_number":"19.2-268.3","catch_line":"Admissibility of statements by children in certain cases","url":"\/19.2-268.3\/","token":"19.2\/16\/1\/19.2-268.3","metadata":false},{"id":79860,"structure_id":12962,"section_number":"19.2-269","catch_line":"Convicts as witnesses (Supreme Court Rule 2:609 derived from this section)","url":"\/19.2-269\/","token":"19.2\/16\/1\/19.2-269","metadata":false},{"id":77666,"structure_id":12962,"section_number":"19.2-269.1","catch_line":"Inmates as witnesses in criminal cases","url":"\/19.2-269.1\/","token":"19.2\/16\/1\/19.2-269.1","metadata":false},{"id":67973,"structure_id":12962,"section_number":"19.2-269.2","catch_line":"Nondisclosure of addresses or telephone numbers of crime victims and witnesses","url":"\/19.2-269.2\/","token":"19.2\/16\/1\/19.2-269.2","metadata":false},{"id":63323,"structure_id":12962,"section_number":"19.2-270","catch_line":"When statement by accused as witness not received as evidence","url":"\/19.2-270\/","token":"19.2\/16\/1\/19.2-270","metadata":false},{"id":86326,"structure_id":12962,"section_number":"19.2-270.1","catch_line":"Use of photographs as evidence in certain larceny and burglary prosecutions","url":"\/19.2-270.1\/","token":"19.2\/16\/1\/19.2-270.1","metadata":false},{"id":86031,"structure_id":12962,"section_number":"19.2-270.1:1","catch_line":"Computer and electronic data in obscenity, etc. cases; access to defendant","url":"\/19.2-270.1_1\/","token":"19.2\/16\/1\/19.2-270.1_1","metadata":false},{"id":54053,"structure_id":12962,"section_number":"19.2-270.2","catch_line":"Disposition of money, securities or documents seized upon arrest, etc., and pertinent as evidence","url":"\/19.2-270.2\/","token":"19.2\/16\/1\/19.2-270.2","metadata":false},{"id":79537,"structure_id":12962,"section_number":"19.2-270.3","catch_line":"Admissible evidence as to identity of party presenting bad check, draft or order","url":"\/19.2-270.3\/","token":"19.2\/16\/1\/19.2-270.3","metadata":false},{"id":59185,"structure_id":12962,"section_number":"19.2-270.4","catch_line":"When donation, destruction, or return of exhibits received in evidence authorized","url":"\/19.2-270.4\/","token":"19.2\/16\/1\/19.2-270.4","metadata":false},{"id":58746,"structure_id":12962,"section_number":"19.2-270.4:1","catch_line":"Storage, preservation and retention of human biological evidence in felony cases","url":"\/19.2-270.4_1\/","token":"19.2\/16\/1\/19.2-270.4_1","metadata":false},{"id":73612,"structure_id":12962,"section_number":"19.2-270.5","catch_line":"DNA profile admissible in criminal proceeding","url":"\/19.2-270.5\/","token":"19.2\/16\/1\/19.2-270.5","metadata":false},{"id":78047,"structure_id":12962,"section_number":"19.2-270.6","catch_line":"Evidence of abuse admissible in certain criminal trials (Supreme Court Rule 2:409 derived from this section)","url":"\/19.2-270.6\/","token":"19.2\/16\/1\/19.2-270.6","metadata":false},{"id":58400,"structure_id":12962,"section_number":"19.2-270.7","catch_line":"Determining decibel level of sound with proper equipment; certificate as to accuracy of equipment","url":"\/19.2-270.7\/","token":"19.2\/16\/1\/19.2-270.7","metadata":false},{"id":82522,"structure_id":12962,"section_number":"19.2-271","catch_line":"Certain judicial officers incompetent to testify under certain circumstances; exceptions (Supreme Court Rule 2:605 derived from this section)","url":"\/19.2-271\/","token":"19.2\/16\/1\/19.2-271","metadata":false},{"id":74995,"structure_id":12962,"section_number":"19.2-271.1","catch_line":"Competency of spouses to testify","url":"\/19.2-271.1\/","token":"19.2\/16\/1\/19.2-271.1","metadata":false},{"id":66486,"structure_id":12962,"section_number":"19.2-271.2","catch_line":"Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)","url":"\/19.2-271.2\/","token":"19.2\/16\/1\/19.2-271.2","metadata":false},{"id":54753,"structure_id":12962,"section_number":"19.2-271.3","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/19.2-271.3\/","token":"19.2\/16\/1\/19.2-271.3","metadata":false},{"id":74779,"structure_id":12962,"section_number":"19.2-271.4","catch_line":"Privileged communications by certain public safety personnel","url":"\/19.2-271.4\/","token":"19.2\/16\/1\/19.2-271.4","metadata":false},{"id":55255,"structure_id":12962,"section_number":"19.2-271.5","catch_line":"Protected information; newspersons engaged in journalism","url":"\/19.2-271.5\/","token":"19.2\/16\/1\/19.2-271.5","metadata":false},{"id":58525,"structure_id":12962,"section_number":"19.2-271.6","catch_line":"Evidence of defendant's mental condition admissible; notice to Commonwealth","url":"\/19.2-271.6\/","token":"19.2\/16\/1\/19.2-271.6","metadata":false},{"id":63925,"structure_id":12962,"section_number":"19.2-271.7","catch_line":"Notifying defendant of consequences criminal proceedings can have on immigration","url":"\/19.2-271.7\/","token":"19.2\/16\/1\/19.2-271.7","metadata":false}],"previous_section":{"id":86031,"structure_id":12962,"section_number":"19.2-270.1:1","catch_line":"Computer and electronic data in obscenity, etc. cases; access to defendant","url":"\/19.2-270.1_1\/","token":"19.2\/16\/1\/19.2-270.1_1","metadata":false},"next_section":{"id":79537,"structure_id":12962,"section_number":"19.2-270.3","catch_line":"Admissible evidence as to identity of party presenting bad check, draft or order","url":"\/19.2-270.3\/","token":"19.2\/16\/1\/19.2-270.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-270.2\/","history_text":"

This law was first created in 1980. The record of its establishment is cataloged in chapter 423 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1980 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1991, chapter 680; in 1995, chapter 447<\/a>.<\/p>","references":[{"id":56192,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"}],"refers_to":false,"permalink":{"id":169267,"object_type":"law","relational_id":54053,"identifier":"19.2-270.2","token":"19.2\/16\/1\/19.2-270.2","url":"\/19.2-270.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-270.2\/","token":"19.2\/16\/1\/19.2-270.2","dublin_core":{"Title":"Disposition of money, securities or documents seized upon arrest, etc., and pertinent as evidence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-270.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When in the course of investigation or arrest<\/span>, the investigating or arresting officer shall seize or come into the possession<\/span> of moneys, cash, or negotiable or nonnegotiable instruments or securities, hereinafter called “moneys or securities,” taken or retained unlawfully from a financial institution or other person, and such moneys or securities, or a portion thereof, shall be pertinent evidence<\/span> in a pending prosecution<\/span> or appeal<\/span> therefrom, the officer or agency having possession<\/span> thereof, may retain, pending such prosecution<\/span> or appeal<\/span> thereof, sufficient of such moneys or securities as shall be necessary to prove the crime<\/span> of grand larceny<\/span> or other crimes<\/span> requiring a specific amount in value. The court<\/span> upon motion<\/span> of the attorney for the Commonwealth and for good cause shown may order<\/span> the release of all moneys or securities, subject to the provisions of this section. The remaining excess moneys or securities, if any, may be released to the owner thereof, upon proper receipt therefor, which release shall be with the consent of the attorney for the Commonwealth. The officer or agency authorizing such release shall make an appropriate record of such moneys or securities released, including designation or copying of serial numbers, and such record or receipt shall be admissible<\/span> into evidence<\/span> in any proceeding, hearing<\/span> or trial<\/span> of the case to the same extent as if such moneys or securities had been introduced. Such record or receipt shall contain the name of the financial institution or person from whom such moneys or securities were taken, the place from which taken, the name of the accused<\/span>, and the name of the arresting officer or officers coming into initial possession<\/span> of such moneys or securities. Pictures shall be taken of any instruments or securities and such pictures shall be attached to the receipt or record above and shall contain further, in the case of such copying, the date of the photograph and the name of the photographer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When in the course of investigation or arrest<\/span>, the investigating or arresting officer seizes or comes into the possession<\/span> of moneys or securities under the provisions of this section, and such moneys or securities, or a portion thereof, are introduced as an exhibit in a prosecution<\/span> or appeal<\/span> therefrom, the court<\/span> may, with the consent of the attorney for the Commonwealth, authorize the clerk of the circuit<\/span> court<\/span>, upon all appeal<\/span> rights being exhausted, to deposit such moneys or cash in an interest-bearing account. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSITION OF MONEY, SECURITIES OR DOCUMENTS SEIZED UPON ARREST, ETC., AND\nPERTINENT AS EVIDENCE (\u00a7 19.2-270.2)\n\nA. When in the course of investigation or arrest, the investigating or arresting\nofficer shall seize or come into the possession of moneys, cash, or negotiable\nor nonnegotiable instruments or securities, hereinafter called “moneys or\nsecurities,” taken or retained unlawfully from a financial institution or\nother person, and such moneys or securities, or a portion thereof, shall be\npertinent evidence in a pending prosecution or appeal therefrom, the officer or\nagency having possession thereof, may retain, pending such prosecution or appeal\nthereof, sufficient of such moneys or securities as shall be necessary to prove\nthe crime of grand larceny or other crimes requiring a specific amount in value.\nThe court upon motion of the attorney for the Commonwealth and for good cause\nshown may order the release of all moneys or securities, subject to the\nprovisions of this section. The remaining excess moneys or securities, if any,\nmay be released to the owner thereof, upon proper receipt therefor, which\nrelease shall be with the consent of the attorney for the Commonwealth. The\nofficer or agency authorizing such release shall make an appropriate record of\nsuch moneys or securities released, including designation or copying of serial\nnumbers, and such record or receipt shall be admissible into evidence in any\nproceeding, hearing or trial of the case to the same extent as if such moneys or\nsecurities had been introduced. Such record or receipt shall contain the name of\nthe financial institution or person from whom such moneys or securities were\ntaken, the place from which taken, the name of the accused, and the name of the\narresting officer or officers coming into initial possession of such moneys or\nsecurities. Pictures shall be taken of any instruments or securities and such\npictures shall be attached to the receipt or record above and shall contain\nfurther, in the case of such copying, the date of the photograph and the name of\nthe photographer.\n\nB. When in the course of investigation or arrest, the investigating or arresting\nofficer seizes or comes into the possession of moneys or securities under the\nprovisions of this section, and such moneys or securities, or a portion thereof,\nare introduced as an exhibit in a prosecution or appeal therefrom, the court\nmay, with the consent of the attorney for the Commonwealth, authorize the clerk\nof the circuit court, upon all appeal rights being exhausted, to deposit such\nmoneys or cash in an interest-bearing account.\n\nHISTORY: 1980, c. 423; 1991, c. 680; 1995, c. 447.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}