{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-394.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-394.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-394.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-394.html"}],"law_id":78226,"edition_id":1,"section_id":78226,"structure_id":16290,"section_number":"19.2-394","catch_line":"Issuance of warrant","history":"1976, c. 625; 1979, c. 122; 2014, c. 354.","full_text":"An inspection warrant may be issued for any inspection, testing or collection of samples for testing or for any administrative search authorized by state or local law or regulation in connection with the presence, manufacturing or emitting of toxic substances, whether or not such warrant be constitutionally required. Nothing in this chapter shall be construed to require issuance of an inspection warrant where a warrant is not constitutionally required or to exclude any other lawful means of search, inspection, testing or collection of samples for testing, whether without warrant or pursuant to a search warrant issued under any other provision of the Code of Virginia. No inspection warrant shall be issued pursuant to this chapter except upon probable cause, supported by affidavit, particularly describing the place, things or persons to be inspected or tested and the purpose for which the inspection, testing or collection of samples for testing is to be made. Probable cause shall be deemed to exist if either reasonable legislative or administrative standards for conducting such inspection, testing or collection of samples for testing are satisfied with respect to the particular place, things or persons or there exists probable cause to believe that there is a condition, object, activity or circumstance which legally justifies such inspection, testing or collection of samples for testing. The supporting affidavit shall contain either a statement that consent to inspect, test or collect samples for testing has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent in order to enforce effectively the state or local law or regulation which authorizes such inspection, testing or collection of samples for testing. The issuing judge may examine the affiant under oath or affirmation to verify the accuracy of any matter indicated by the statement in the affidavit. After issuing a warrant under this section, the judge shall file the affidavit in the manner prescribed by \u00a7 19.2-54.","order_by":null,"text":{"0":{"id":280364,"text":"An inspection warrant may be issued for any inspection, testing or collection of samples for testing or for any administrative search authorized by state or local law or regulation in connection with the presence, manufacturing or emitting of toxic substances, whether or not such warrant be constitutionally required. Nothing in this chapter shall be construed to require issuance of an inspection warrant where a warrant is not constitutionally required or to exclude any other lawful means of search, inspection, testing or collection of samples for testing, whether without warrant or pursuant to a search warrant issued under any other provision of the Code of Virginia. No inspection warrant shall be issued pursuant to this chapter except upon probable cause, supported by affidavit, particularly describing the place, things or persons to be inspected or tested and the purpose for which the inspection, testing or collection of samples for testing is to be made. Probable cause shall be deemed to exist if either reasonable legislative or administrative standards for conducting such inspection, testing or collection of samples for testing are satisfied with respect to the particular place, things or persons or there exists probable cause to believe that there is a condition, object, activity or circumstance which legally justifies such inspection, testing or collection of samples for testing. The supporting affidavit shall contain either a statement that consent to inspect, test or collect samples for testing has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent in order to enforce effectively the state or local law or regulation which authorizes such inspection, testing or collection of samples for testing. The issuing judge may examine the affiant under oath or affirmation to verify the accuracy of any matter indicated by the statement in the affidavit. After issuing a warrant under this section, the judge shall file the affidavit in the manner prescribed by \u00a7 19.2-54.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":16290,"edition_id":1,"name":"Inspection Warrants","identifier":"24","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 04:12:43","date_modified":"2026-06-26 04:12:43","permalink":{"id":170591,"object_type":"structure","relational_id":16290,"identifier":"24","token":"19.2\/24","url":"\/19.2\/24\/","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":70359,"structure_id":16290,"section_number":"19.2-393","catch_line":"Definitions","url":"\/19.2-393\/","token":"19.2\/24\/19.2-393","metadata":false},{"id":78226,"structure_id":16290,"section_number":"19.2-394","catch_line":"Issuance of warrant","url":"\/19.2-394\/","token":"19.2\/24\/19.2-394","metadata":false},{"id":82879,"structure_id":16290,"section_number":"19.2-395","catch_line":"Duration of warrant","url":"\/19.2-395\/","token":"19.2\/24\/19.2-395","metadata":false},{"id":66240,"structure_id":16290,"section_number":"19.2-396","catch_line":"Conduct of inspection, testing or collection of samples for testing; special procedure for dwelling","url":"\/19.2-396\/","token":"19.2\/24\/19.2-396","metadata":false},{"id":76611,"structure_id":16290,"section_number":"19.2-397","catch_line":"Refusal to permit authorized inspection; penalty","url":"\/19.2-397\/","token":"19.2\/24\/19.2-397","metadata":false}],"previous_section":{"id":70359,"structure_id":16290,"section_number":"19.2-393","catch_line":"Definitions","url":"\/19.2-393\/","token":"19.2\/24\/19.2-393","metadata":false},"next_section":{"id":82879,"structure_id":16290,"section_number":"19.2-395","catch_line":"Duration of warrant","url":"\/19.2-395\/","token":"19.2\/24\/19.2-395","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-394\/","history_text":"<p>This law was first created in 1976. The record of its establishment is cataloged in chapter 625 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 1976 \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 1979, chapter 122; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0354\">354<\/a>.<\/p>","references":false,"refers_to":[{"id":78769,"section_number":"19.2-54","catch_line":"Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit","order_by":null,"url":"\/19.2-54\/"}],"permalink":{"id":170597,"object_type":"law","relational_id":78226,"identifier":"19.2-394","token":"19.2\/24\/19.2-394","url":"\/19.2-394\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-394\/","token":"19.2\/24\/19.2-394","dublin_core":{"Title":"Issuance of warrant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-394","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>An inspection warrant may be issued for any inspection, testing or collection of samples for testing or for any administrative search authorized by state or local <span class=\"dictionary\">law<\/span> or regulation in connection with the presence, manufacturing or emitting of toxic substances, whether or not such warrant be constitutionally required. Nothing in this chapter shall be construed to require issuance of an inspection warrant where a warrant is not constitutionally required or to exclude any other lawful means of search, inspection, testing or collection of samples for testing, whether without warrant or pursuant to a <span class=\"dictionary\">search warrant<\/span> issued under any other provision of the Code of Virginia. No inspection warrant shall be issued pursuant to this chapter except upon <span class=\"dictionary\">probable cause<\/span>, supported by <span class=\"dictionary\">affidavit<\/span>, particularly describing the place, things or persons to be inspected or tested and the purpose for which the inspection, testing or collection of samples for testing is to be made. <span class=\"dictionary\">Probable cause<\/span> shall be deemed to exist if either reasonable legislative or administrative standards for conducting such inspection, testing or collection of samples for testing are satisfied with respect to the particular place, things or persons or there exists <span class=\"dictionary\">probable cause<\/span> to believe that there is a condition, <span class=\"dictionary\">object<\/span>, activity or circumstance which legally justifies such inspection, testing or collection of samples for testing. The supporting <span class=\"dictionary\">affidavit<\/span> shall contain either a statement that consent to inspect, test or collect samples for testing has been sought and refused or <span class=\"dictionary\">facts<\/span> or circumstances reasonably justifying the failure to seek such consent in <span class=\"dictionary\">order<\/span> to enforce effectively the state or local <span class=\"dictionary\">law<\/span> or regulation which authorizes such inspection, testing or collection of samples for testing. The issuing <span class=\"dictionary\">judge<\/span> may examine the affiant under <span class=\"dictionary\">oath<\/span> or affirmation to verify the accuracy of any matter indicated by the statement in the <span class=\"dictionary\">affidavit<\/span>. After issuing a warrant under this section, the <span class=\"dictionary\">judge<\/span> shall file the <span class=\"dictionary\">affidavit<\/span> in the manner prescribed by \u00a7&nbsp;<a class=\"law\" title=\"Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit\" href=\"\/19.2-54\/\">19.2-54<\/a>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nISSUANCE OF WARRANT (\u00a7 19.2-394)\n\nAn inspection warrant may be issued for any inspection, testing or collection of\nsamples for testing or for any administrative search authorized by state or\nlocal law or regulation in connection with the presence, manufacturing or\nemitting of toxic substances, whether or not such warrant be constitutionally\nrequired. Nothing in this chapter shall be construed to require issuance of an\ninspection warrant where a warrant is not constitutionally required or to\nexclude any other lawful means of search, inspection, testing or collection of\nsamples for testing, whether without warrant or pursuant to a search warrant\nissued under any other provision of the Code of Virginia. No inspection warrant\nshall be issued pursuant to this chapter except upon probable cause, supported\nby affidavit, particularly describing the place, things or persons to be\ninspected or tested and the purpose for which the inspection, testing or\ncollection of samples for testing is to be made. Probable cause shall be deemed\nto exist if either reasonable legislative or administrative standards for\nconducting such inspection, testing or collection of samples for testing are\nsatisfied with respect to the particular place, things or persons or there\nexists probable cause to believe that there is a condition, object, activity or\ncircumstance which legally justifies such inspection, testing or collection of\nsamples for testing. The supporting affidavit shall contain either a statement\nthat consent to inspect, test or collect samples for testing has been sought and\nrefused or facts or circumstances reasonably justifying the failure to seek such\nconsent in order to enforce effectively the state or local law or regulation\nwhich authorizes such inspection, testing or collection of samples for testing.\nThe issuing judge may examine the affiant under oath or affirmation to verify\nthe accuracy of any matter indicated by the statement in the affidavit. After\nissuing a warrant under this section, the judge shall file the affidavit in the\nmanner prescribed by \u00a7 19.2-54.\n\nHISTORY: 1976, c. 625; 1979, c. 122; 2014, c. 354.","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}}