{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-54.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-54.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-54.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-54.html"}],"law_id":78769,"edition_id":1,"section_id":78769,"structure_id":15295,"section_number":"19.2-54","catch_line":"Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit","history":"Code 1950, \u00a7 19.1-85; 1960, c. 366; 1973, c. 502; 1975, c. 495; 1976, c. 552; 1977, c. 109; 1979, c. 583; 1980, c. 362; 1981, c. 559; 1989, c. 719; 2006, c. 285; 2007, c. 212; 2008, cc. 147, 183; 2011, cc. 196, 219; 2012, c. 5; 2017, cc. 228, 233, 242, 641.","full_text":"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 or the identity of the person to be arrested for whom a warrant or process for arrest has been issued 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 or is the person to be arrested for whom a warrant or process for arrest has been issued. The affidavit may be filed by electronically transmitted (i) facsimile process or (ii) electronic record as defined in \u00a7 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 (\u00a7 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, within seven days after the issuance of such warrant and shall by such clerk 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.\n\t\tFailure 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.","order_by":null,"text":{"0":{"id":282226,"text":"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 or the identity of the person to be arrested for whom a warrant or process for arrest has been issued 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 or is the person to be arrested for whom a warrant or process for arrest has been issued. The affidavit may be filed by electronically transmitted (i) facsimile process or (ii) electronic record as defined in \u00a7 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 (\u00a7 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, within seven days after the issuance of such warrant and shall by such clerk 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.\n\t\tFailure 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15295,"edition_id":1,"name":"Search Warrants","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:53:43","date_modified":"2026-06-26 03:53:43","permalink":{"id":170799,"object_type":"structure","relational_id":15295,"identifier":"5","token":"19.2\/5","url":"\/19.2\/5\/","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":68842,"structure_id":15295,"section_number":"19.2-52","catch_line":"When search warrant may issue","url":"\/19.2-52\/","token":"19.2\/5\/19.2-52","metadata":false},{"id":58231,"structure_id":15295,"section_number":"19.2-53","catch_line":"What may be searched and seized","url":"\/19.2-53\/","token":"19.2\/5\/19.2-53","metadata":false},{"id":72318,"structure_id":15295,"section_number":"19.2-53.1","catch_line":"Taking blood samples pursuant to search warrant; immunity","url":"\/19.2-53.1\/","token":"19.2\/5\/19.2-53.1","metadata":false},{"id":78769,"structure_id":15295,"section_number":"19.2-54","catch_line":"Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit","url":"\/19.2-54\/","token":"19.2\/5\/19.2-54","metadata":false},{"id":77621,"structure_id":15295,"section_number":"19.2-55","catch_line":"Issuing general search warrant or search warrant without affidavit deemed malfeasance","url":"\/19.2-55\/","token":"19.2\/5\/19.2-55","metadata":false},{"id":71614,"structure_id":15295,"section_number":"19.2-56","catch_line":"(Effective July 1, 2026) To whom search warrant directed; what it shall command; warrant to show date and time of issuance; copy of affidavit to be part of warrant and served therewith; warrants not executed within 15 days","url":"\/19.2-56\/","token":"19.2\/5\/19.2-56","metadata":false},{"id":66575,"structure_id":15295,"section_number":"19.2-56.1","catch_line":"Warrant issued for search of attorney's office","url":"\/19.2-56.1\/","token":"19.2\/5\/19.2-56.1","metadata":false},{"id":68042,"structure_id":15295,"section_number":"19.2-56.2","catch_line":"Application for and issuance of search warrant for a tracking device; installation and use","url":"\/19.2-56.2\/","token":"19.2\/5\/19.2-56.2","metadata":false},{"id":66408,"structure_id":15295,"section_number":"19.2-57","catch_line":"Execution and return of warrant; list of property seized","url":"\/19.2-57\/","token":"19.2\/5\/19.2-57","metadata":false},{"id":82680,"structure_id":15295,"section_number":"19.2-58","catch_line":"Disposition of property seized","url":"\/19.2-58\/","token":"19.2\/5\/19.2-58","metadata":false},{"id":84564,"structure_id":15295,"section_number":"19.2-59","catch_line":"Search without warrant prohibited; when search without warrant lawful","url":"\/19.2-59\/","token":"19.2\/5\/19.2-59","metadata":false},{"id":73054,"structure_id":15295,"section_number":"19.2-59.1","catch_line":"Strip searches prohibited; exceptions; how strip searches conducted","url":"\/19.2-59.1\/","token":"19.2\/5\/19.2-59.1","metadata":false},{"id":59469,"structure_id":15295,"section_number":"19.2-60","catch_line":"Motion for return of seized property and to suppress","url":"\/19.2-60\/","token":"19.2\/5\/19.2-60","metadata":false},{"id":82227,"structure_id":15295,"section_number":"19.2-60.1","catch_line":"Use of unmanned aircraft systems by public bodies; search warrant required","url":"\/19.2-60.1\/","token":"19.2\/5\/19.2-60.1","metadata":false},{"id":66247,"structure_id":15295,"section_number":"19.2-60.2","catch_line":"Issuance of search warrant, subpoena, court order, or other process for information related to menstrual health data prohibited","url":"\/19.2-60.2\/","token":"19.2\/5\/19.2-60.2","metadata":false}],"previous_section":{"id":72318,"structure_id":15295,"section_number":"19.2-53.1","catch_line":"Taking blood samples pursuant to search warrant; immunity","url":"\/19.2-53.1\/","token":"19.2\/5\/19.2-53.1","metadata":false},"next_section":{"id":77621,"structure_id":15295,"section_number":"19.2-55","catch_line":"Issuing general search warrant or search warrant without affidavit deemed malfeasance","url":"\/19.2-55\/","token":"19.2\/5\/19.2-55","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-54\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 15 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 1960, chapter 366; in 1973, chapter 502; in 1975, chapter 495; in 1976, chapter 552; in 1977, chapter 109; in 1979, chapter 583; in 1980, chapter 362; in 1981, chapter 559; in 1989, chapter 719; in 2006, chapter 285<\/a>; in 2007, chapter 212<\/a>; in 2008, chapters 147<\/a> and 183<\/a>; in 2011, chapters 196<\/a> and 219<\/a>; in 2012, chapter 5<\/a>; in 2017, chapters 228<\/a>, 233<\/a>, 242<\/a>, and 641<\/a>.<\/p>","references":[{"id":60640,"section_number":"10.1-610","catch_line":"Right of entry","order_by":null,"url":"\/10.1-610\/"},{"id":67238,"section_number":"15.2-2286","catch_line":"Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties","order_by":null,"url":"\/15.2-2286\/"},{"id":78226,"section_number":"19.2-394","catch_line":"Issuance of warrant","order_by":null,"url":"\/19.2-394\/"},{"id":68842,"section_number":"19.2-52","catch_line":"When search warrant may issue","order_by":null,"url":"\/19.2-52\/"},{"id":77621,"section_number":"19.2-55","catch_line":"Issuing general search warrant or search warrant without affidavit deemed malfeasance","order_by":null,"url":"\/19.2-55\/"},{"id":71614,"section_number":"19.2-56","catch_line":"(Effective July 1, 2026) To whom search warrant directed; what it shall command; warrant to show date and time of issuance; copy of affidavit to be part of warrant and served therewith; warrants not executed within 15 days","order_by":null,"url":"\/19.2-56\/"},{"id":66408,"section_number":"19.2-57","catch_line":"Execution and return of warrant; list of property seized","order_by":null,"url":"\/19.2-57\/"},{"id":56012,"section_number":"19.2-70.3","catch_line":"Obtaining records concerning electronic communication service or remote computing service","order_by":null,"url":"\/19.2-70.3\/"},{"id":57914,"section_number":"22.1-289.033","catch_line":"Inspection of unlicensed child care operations; inspection warrant","order_by":null,"url":"\/22.1-289.033\/"},{"id":70646,"section_number":"27-32.2","catch_line":"Issuance of fire investigation warrant","order_by":null,"url":"\/27-32.2\/"},{"id":84739,"section_number":"27-37.1","catch_line":"Right of entry to investigate releases of hazardous material, hazardous waste, or regulated substances","order_by":null,"url":"\/27-37.1\/"},{"id":84932,"section_number":"27-98.2","catch_line":"Issuance of warrant","order_by":null,"url":"\/27-98.2\/"},{"id":76161,"section_number":"3.2-6568","catch_line":"Power of search for violations of statutes against cruelty to animals","order_by":null,"url":"\/3.2-6568\/"},{"id":71583,"section_number":"36-105","catch_line":"Enforcement of Code; appeals from decisions of local department; inspection of buildings; inspection warrants; inspection of elevators; issuance of permits","order_by":null,"url":"\/36-105\/"},{"id":78898,"section_number":"40.1-49.9","catch_line":"Issuance of warrant","order_by":null,"url":"\/40.1-49.9\/"},{"id":73393,"section_number":"63.2-1718","catch_line":"Inspection of unlicensed child or adult care operations; inspection warrant","order_by":null,"url":"\/63.2-1718\/"}],"refers_to":[{"id":60668,"section_number":"59.1-479","catch_line":"Title","order_by":null,"url":"\/59.1-479\/"},{"id":69066,"section_number":"59.1-480","catch_line":"Definitions","order_by":null,"url":"\/59.1-480\/"}],"permalink":{"id":170813,"object_type":"law","relational_id":78769,"identifier":"19.2-54","token":"19.2\/5\/19.2-54","url":"\/19.2-54\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-54\/","token":"19.2\/5\/19.2-54","dublin_core":{"Title":"Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-54","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No search warrant<\/span> shall be issued until there is filed with the officer authorized to issue<\/span> the same an affidavit<\/span> 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<\/span> facts<\/span>, constituting the probable cause<\/span> for the issuance of such warrant and alleging substantially the offense<\/span> or the identity of the person to be arrested for whom a warrant or process for arrest<\/span> has been issued in relation to which such search is to be made and that the object<\/span>, thing, or person searched for constitutes evidence<\/span> of the commission of such offense<\/span> or is the person to be arrested for whom a warrant or process for arrest<\/span> has been issued. The affidavit<\/span> may be filed by electronically transmitted (i) facsimile process or (ii) electronic record as defined in \u00a7 59.1-480<\/a>. Such affidavit<\/span> shall be certified by the officer who issues<\/span> 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 (\u00a7 59.1-479<\/a> et seq.) for transmitting signed documents, by such officer or his designee or agent, to the clerk of the circuit<\/span> court<\/span> of the county or city wherein the search is made, within seven days after the issuance of such warrant and shall by such clerk 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<\/span> has been executed or 15 days after issuance of the warrant, whichever is earlier; however, such affidavit<\/span>, any warrant issued pursuant thereto, any return made thereon, and any order<\/span> sealing the affidavit<\/span>, warrant, or return may be temporarily sealed<\/span> for a specific period of time by the appropriate court<\/span> upon application of the attorney for the Commonwealth for good cause shown in an ex parte<\/span> hearing<\/span>. Any individual arrested and claiming to be aggrieved by such search and seizure<\/span> or any person who claims to be entitled to lawful possession<\/span> of such property seized may move the appropriate court<\/span> for the unsealing of such affidavit<\/span>, warrant, and return. The burden of proof<\/span> with respect to continued sealing shall be upon the Commonwealth. Each such clerk shall maintain an index of all such affidavits<\/span> filed in his office in order<\/span> to facilitate inspection. No such warrant shall be issued on an affidavit<\/span> omitting such essentials, and no general warrant for the search of a house, place, compartment, vehicle or baggage shall be issued. The term “affidavit<\/span>” as used in this section, means statements made under oath<\/span> or affirmation and preserved verbatim.\n\t\tFailure of the officer issuing such warrant to file the required affidavit<\/span> shall not invalidate any search made under the warrant unless such failure shall continue for a period of 30 days. If the affidavit<\/span> is filed prior to the expiration of the 30-day period, nevertheless, evidence<\/span> obtained in any such search shall not be admissible<\/span> until a reasonable time after the filing of the required affidavit<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAFFIDAVIT PRELIMINARY TO ISSUANCE OF SEARCH WARRANT; GENERAL SEARCH WARRANT\nPROHIBITED; EFFECT OF FAILURE TO FILE AFFIDAVIT (\u00a7 19.2-54)\n\nNo search warrant shall be issued until there is filed with the officer\nauthorized to issue the same an affidavit of some person reasonably describing\nthe place, thing, or person to be searched, the things or persons to be searched\nfor thereunder, alleging briefly material facts, constituting the probable cause\nfor the issuance of such warrant and alleging substantially the offense or the\nidentity of the person to be arrested for whom a warrant or process for arrest\nhas been issued in relation to which such search is to be made and that the\nobject, thing, or person searched for constitutes evidence of the commission of\nsuch offense or is the person to be arrested for whom a warrant or process for\narrest has been issued. The affidavit may be filed by electronically transmitted\n(i) facsimile process or (ii) electronic record as defined in \u00a7 59.1-480. Such\naffidavit shall be certified by the officer who issues such warrant and\ndelivered in person; mailed by certified mail, return receipt requested; or\ndelivered by electronically transmitted facsimile process or by use of filing\nand security procedures as defined in the Uniform Electronic Transactions Act\n(\u00a7 59.1-479 et seq.) for transmitting signed documents, by such officer or his\ndesignee or agent, to the clerk of the circuit court of the county or city\nwherein the search is made, within seven days after the issuance of such warrant\nand shall by such clerk be preserved as a record and shall at all times be\nsubject to inspection by the public after the warrant that is the subject of the\naffidavit has been executed or 15 days after issuance of the warrant, whichever\nis earlier; however, such affidavit, any warrant issued pursuant thereto, any\nreturn made thereon, and any order sealing the affidavit, warrant, or return may\nbe temporarily sealed for a specific period of time by the appropriate court\nupon application of the attorney for the Commonwealth for good cause shown in an\nex parte hearing. Any individual arrested and claiming to be aggrieved by such\nsearch and seizure or any person who claims to be entitled to lawful possession\nof such property seized may move the appropriate court for the unsealing of such\naffidavit, warrant, and return. The burden of proof with respect to continued\nsealing shall be upon the Commonwealth. Each such clerk shall maintain an index\nof all such affidavits filed in his office in order to facilitate inspection. No\nsuch warrant shall be issued on an affidavit omitting such essentials, and no\ngeneral warrant for the search of a house, place, compartment, vehicle or\nbaggage shall be issued. The term “affidavit” as used in this\nsection, means statements made under oath or affirmation and preserved verbatim.\n\t\tFailure of the officer issuing such warrant to file the required affidavit\nshall not invalidate any search made under the warrant unless such failure shall\ncontinue for a period of 30 days. If the affidavit is filed prior to the\nexpiration of the 30-day period, nevertheless, evidence obtained in any such\nsearch shall not be admissible until a reasonable time after the filing of the\nrequired affidavit.\n\nHISTORY: Code 1950, \u00a7 19.1-85; 1960, c. 366; 1973, c. 502; 1975, c. 495; 1976,\nc. 552; 1977, c. 109; 1979, c. 583; 1980, c. 362; 1981, c. 559; 1989, c. 719;\n2006, c. 285; 2007, c. 212; 2008, cc. 147, 183; 2011, cc. 196, 219; 2012, c. 5;\n2017, cc. 228, 233, 242, 641.","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}}