{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-56.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-56.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-56.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-56.html"}],"law_id":71614,"edition_id":1,"section_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","history":"Code 1950, \u00a7 19.1-86; 1960, c. 366; 1968, c. 572; 1975, c. 495; 1977, c. 289; 1979, c. 584; 1980, c. 573; 1981, c. 559; 1984, cc. 491, 598; 1988, c. 50; 1989, c. 719; 2000, c. 783; 2001, cc. 183, 205; 2007, c. 416; 2009, c. 725; 2015, cc. 75, 126; 2017, cc. 228, 233, 242, 641; 2018, c. 410; 2020, Sp. Sess. I, cc. 31, 37; 2021, Sp. Sess. I, c. 34; 2022, c. 403; 2023, cc. 107, 108; 2025, cc. 214, 345.","full_text":"A\n\nThe judge, magistrate, or other official authorized to issue criminal warrants shall issue a search warrant only if he finds from the facts or circumstances recited in the affidavit that there is probable cause for the issuance thereof. If a search warrant is issued for electronic records of a foreign corporation, as described in § 19.2-53, such affidavit shall state that the complainant believes such records are actually or constructively possessed by such foreign corporation. In order to comply with the requirements of § 19.2-54, any search of the records of a foreign corporation, as described in § 19.2-53, shall be deemed to have been made in the same place where the search warrant was issued.\n\t\t\tEvery search warrant shall be directed (i) to the sheriff, sergeant, or any policeman of the county, city, or town in which the place to be searched is located; (ii) to any law-enforcement officer or agent employed by the Commonwealth and vested with the powers of sheriffs and police; or (iii) jointly to any such sheriff, sergeant, policeman, or law-enforcement officer or agent and an agent, special agent, or officer of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives of the U.S. Department of Justice, the United States Naval Criminal Investigative Service, the United States Army Criminal Investigation Division, the United States Air Force Office of Special Investigations, or the U.S. Department of Homeland Security or any inspector, law-enforcement official, or police personnel of the United States Postal Service or the U.S. Drug Enforcement Administration. The warrant shall (a) name the affiant, (b) recite 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 the search is to be made, (c) name or describe the place to be searched, (d) describe the property or person to be searched for, and (e) recite that the magistrate has found probable cause to believe that the property or person constitutes evidence of a crime (identified in the warrant) or tends to show that a person (named or described therein) has committed or is committing a crime or that the person to be arrested for whom a warrant or process for arrest has been issued is located at the place to be searched.\n\t\t\tThe warrant shall command that the place be forthwith searched and that the objects or persons described in the warrant, if found there, be seized. An inventory shall be produced before a court having jurisdiction of the offense or over the person to be arrested for whom a warrant or process for arrest has been issued in relation to which the warrant was issued as provided in § 19.2-57.\n\t\t\tAny such warrant as provided in this section shall be executed by the policeman or other law-enforcement officer or agent into whose hands it shall come or be delivered. If the warrant is directed jointly to a sheriff, sergeant, policeman, or law-enforcement officer or agent of the Commonwealth and a federal agent or officer as otherwise provided in this section, the warrant may be executed jointly or by the policeman, law-enforcement officer, or agent into whose hands it is delivered. No other person may be permitted to be present during or participate in the execution of a warrant to search a place except (1) the owners and occupants of the place to be searched when permitted to be present by the officer in charge of the conduct of the search and (2) persons designated by the officer in charge of the conduct of the search to assist or provide expertise in the conduct of the search.\n\t\t\tAny search warrant for records or other information pertaining to a subscriber to, or customer of, an electronic communication service or remote computing service, whether a domestic corporation or foreign corporation, that is transacting or has transacted any business in the Commonwealth, to be executed upon such service provider may be executed within or outside the Commonwealth by hand, United States mail, commercial delivery service, facsimile, or other electronic means upon the service provider. Notwithstanding the provisions of § 19.2-57, the officer executing a warrant pursuant to this paragraph shall endorse the date of execution thereon and shall file the warrant, with the inventory attached (or a notation that no property was seized) and the accompanying affidavit, unless such affidavit was made by voice or videotape recording, within three days after the materials ordered to be produced are received by the officer from the service provider. The return shall be made in the circuit court clerk’s office for the jurisdiction wherein the warrant was (A) executed, if executed within the Commonwealth, and a copy of the return shall also be delivered to the clerk of the circuit court of the county or city where the warrant was issued or (B) issued, if executed outside the Commonwealth. Saturdays, Sundays, or any federal or state legal holiday shall not be used in computing the three-day filing period.\n\t\t\tElectronic communication service or remote computing service providers, whether a foreign or domestic corporation, shall also provide the contents of electronic communications pursuant to a search warrant issued under this section and § 19.2-70.3 using the same process described in the preceding paragraph.\n\t\t\tAny search warrant for electronic records or other information stored outside of the Commonwealth by a commercial enterprise, whether a domestic corporation or a foreign corporation, that is transacting or has transacted any business in the Commonwealth, to be executed upon such commercial enterprise may be executed within or outside the Commonwealth by hand, United States mail, commercial delivery service, facsimile, or other electronic means upon the commercial enterprise. Notwithstanding the provisions of § 19.2-57, the officer executing a warrant pursuant to this paragraph shall endorse the date of execution thereon and shall file the warrant, with the inventory attached (or a notation that no property was seized) and the accompanying affidavit, unless such affidavit was made by voice or videotape recording, within three days after the materials ordered to be produced are received by the officer from the commercial enterprise. The return shall be made in the circuit court clerk’s office for the jurisdiction wherein the warrant was (I) executed, if executed within the Commonwealth, and a copy of the return shall also be delivered to the clerk of the circuit court of the county or city where the warrant was issued or (II) issued, if executed outside the Commonwealth. Saturdays, Sundays, or any federal or state legal holiday shall not be used in computing the three-day filing period.\n\t\t\tNotwithstanding the provisions of § 19.2-57, any search warrant for records or other information pertaining to a customer of a financial institution as defined in § 6.2-604, money transmitter as defined in § 6.2-1922, commercial business providing credit history or credit reports, or issuer as defined in § 6.2-424 may be executed within the Commonwealth by hand, United States mail, commercial delivery service, facsimile, or other electronic means upon the financial institution, money transmitter, commercial business providing credit history or credit reports, or issuer. The officer executing such warrant shall endorse the date of execution thereon and shall file the warrant, with the inventory attached (or a notation that no property was seized) and the accompanying affidavit, unless such affidavit was made by voice or videotape recording, within three days after the materials ordered to be produced are received by the officer from the financial institution, money transmitter, commercial business providing credit history or credit reports, or issuer. The return shall be made in the circuit court clerk’s office for the jurisdiction wherein the warrant was executed. Saturdays, Sundays, or any federal or state legal holiday shall not be used in computing the three-day filing period. For the purposes of this section, the warrant will be considered executed in the jurisdiction where the entity on which the warrant is served is located.\n\t\t\tEvery search warrant shall contain the date and time it was issued. However, the failure of any such search warrant to contain the date and time it was issued shall not render the warrant void, provided that the date and time of issuing of said warrant is established by competent evidence.\n\t\t\tThe judge, magistrate, or other official authorized to issue criminal warrants shall attach a copy of the affidavit required by § 19.2-54, which shall become a part of the search warrant and served therewith. However, this provision shall not be applicable in any case in which the affidavit is made by means of a voice or videotape recording or where the affidavit has been sealed pursuant to § 19.2-54.\n\t\t\tAny search warrant not executed within 15 days after issuance thereof shall be returned to, and voided by, the officer who issued such search warrant.B\n\nNo law-enforcement officer shall seek, execute, or participate in the execution of a no-knock search warrant. A search warrant for any place of abode authorized under this section shall require that a law-enforcement officer be recognizable and identifiable as a uniformed law-enforcement officer and provide audible notice of his authority and purpose reasonably designed to be heard by the occupants of such place to be searched prior to the execution of such search warrant.\n\t\t\tAfter entering and securing the place to be searched and prior to undertaking any search or seizure pursuant to the search warrant, the executing law-enforcement officer shall give a copy of the search warrant and affidavit to the person to be searched or the owner of the place to be searched or, if the owner is not present, to at least one adult occupant of the place to be searched. If the place to be searched is unoccupied by an adult, the executing law-enforcement officer shall leave a copy of the search warrant and affidavit in a conspicuous place within or affixed to the place to be searched.\n\t\t\tSearch warrants authorized under this section for the search of any place of abode shall be executed by initial entry of the abode only in the daytime hours between 8:00 a.m. and 5:00 p.m. unless (i) a judge or a magistrate, if a judge is not available, authorizes the execution of such search warrant at another time for good cause shown by particularized facts in an affidavit or (ii) prior to the issuance of the search warrant, law-enforcement officers lawfully entered and secured the place to be searched and remained at such place continuously.\n\t\t\tA law-enforcement officer shall make reasonable efforts to locate a judge before seeking authorization to execute the warrant at another time, unless circumstances require the issuance of the warrant after 5:00 p.m., pursuant to the provisions of this subsection, in which case the law-enforcement officer may seek such authorization from a magistrate without first making reasonable efforts to locate a judge. Such reasonable efforts shall be documented in an affidavit and submitted to a magistrate when seeking such authorization.\n\t\t\tAny evidence obtained from a search warrant executed in violation of this subsection shall not be admitted into evidence for the Commonwealth in any prosecution.C\n\nFor the purposes of this section:\n\t\t\t“Foreign corporation” means any corporation or other entity, whose primary place of business is located outside of the boundaries of the Commonwealth, that makes a contract or engages in a terms of service agreement with a resident of the Commonwealth to be performed in whole or in part by either party in the Commonwealth, or a corporation that has been issued a certificate of authority pursuant to § 13.1-759 to transact business in the Commonwealth. The making of the contract or terms of service agreement or the issuance of a certificate of authority shall be considered to be the agreement of the foreign corporation or entity that a search warrant or subpoena, which has been properly served on it, has the same legal force and effect as if served personally within the Commonwealth.\n\t\t\t“Properly served” means delivery of a search warrant or subpoena by hand, by United States mail, by commercial delivery service, by facsimile or by any other manner to any officer of a corporation or its general manager in the Commonwealth, to any natural person designated by it as agent for the service of process, or if such corporation has designated a corporate agent, to any person named in the latest annual report filed pursuant to § 13.1-775.","order_by":null,"text":{"0":{"id":258083,"text":"The judge, magistrate, or other official authorized to issue criminal warrants shall issue a search warrant only if he finds from the facts or circumstances recited in the affidavit that there is probable cause for the issuance thereof. If a search warrant is issued for electronic records of a foreign corporation, as described in § 19.2-53, such affidavit shall state that the complainant believes such records are actually or constructively possessed by such foreign corporation. In order to comply with the requirements of § 19.2-54, any search of the records of a foreign corporation, as described in § 19.2-53, shall be deemed to have been made in the same place where the search warrant was issued.\n\t\t\tEvery search warrant shall be directed (i) to the sheriff, sergeant, or any policeman of the county, city, or town in which the place to be searched is located; (ii) to any law-enforcement officer or agent employed by the Commonwealth and vested with the powers of sheriffs and police; or (iii) jointly to any such sheriff, sergeant, policeman, or law-enforcement officer or agent and an agent, special agent, or officer of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives of the U.S. Department of Justice, the United States Naval Criminal Investigative Service, the United States Army Criminal Investigation Division, the United States Air Force Office of Special Investigations, or the U.S. Department of Homeland Security or any inspector, law-enforcement official, or police personnel of the United States Postal Service or the U.S. Drug Enforcement Administration. The warrant shall (a) name the affiant, (b) recite 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 the search is to be made, (c) name or describe the place to be searched, (d) describe the property or person to be searched for, and (e) recite that the magistrate has found probable cause to believe that the property or person constitutes evidence of a crime (identified in the warrant) or tends to show that a person (named or described therein) has committed or is committing a crime or that the person to be arrested for whom a warrant or process for arrest has been issued is located at the place to be searched.\n\t\t\tThe warrant shall command that the place be forthwith searched and that the objects or persons described in the warrant, if found there, be seized. An inventory shall be produced before a court having jurisdiction of the offense or over the person to be arrested for whom a warrant or process for arrest has been issued in relation to which the warrant was issued as provided in § 19.2-57.\n\t\t\tAny such warrant as provided in this section shall be executed by the policeman or other law-enforcement officer or agent into whose hands it shall come or be delivered. If the warrant is directed jointly to a sheriff, sergeant, policeman, or law-enforcement officer or agent of the Commonwealth and a federal agent or officer as otherwise provided in this section, the warrant may be executed jointly or by the policeman, law-enforcement officer, or agent into whose hands it is delivered. No other person may be permitted to be present during or participate in the execution of a warrant to search a place except (1) the owners and occupants of the place to be searched when permitted to be present by the officer in charge of the conduct of the search and (2) persons designated by the officer in charge of the conduct of the search to assist or provide expertise in the conduct of the search.\n\t\t\tAny search warrant for records or other information pertaining to a subscriber to, or customer of, an electronic communication service or remote computing service, whether a domestic corporation or foreign corporation, that is transacting or has transacted any business in the Commonwealth, to be executed upon such service provider may be executed within or outside the Commonwealth by hand, United States mail, commercial delivery service, facsimile, or other electronic means upon the service provider. Notwithstanding the provisions of § 19.2-57, the officer executing a warrant pursuant to this paragraph shall endorse the date of execution thereon and shall file the warrant, with the inventory attached (or a notation that no property was seized) and the accompanying affidavit, unless such affidavit was made by voice or videotape recording, within three days after the materials ordered to be produced are received by the officer from the service provider. The return shall be made in the circuit court clerk’s office for the jurisdiction wherein the warrant was (A) executed, if executed within the Commonwealth, and a copy of the return shall also be delivered to the clerk of the circuit court of the county or city where the warrant was issued or (B) issued, if executed outside the Commonwealth. Saturdays, Sundays, or any federal or state legal holiday shall not be used in computing the three-day filing period.\n\t\t\tElectronic communication service or remote computing service providers, whether a foreign or domestic corporation, shall also provide the contents of electronic communications pursuant to a search warrant issued under this section and § 19.2-70.3 using the same process described in the preceding paragraph.\n\t\t\tAny search warrant for electronic records or other information stored outside of the Commonwealth by a commercial enterprise, whether a domestic corporation or a foreign corporation, that is transacting or has transacted any business in the Commonwealth, to be executed upon such commercial enterprise may be executed within or outside the Commonwealth by hand, United States mail, commercial delivery service, facsimile, or other electronic means upon the commercial enterprise. Notwithstanding the provisions of § 19.2-57, the officer executing a warrant pursuant to this paragraph shall endorse the date of execution thereon and shall file the warrant, with the inventory attached (or a notation that no property was seized) and the accompanying affidavit, unless such affidavit was made by voice or videotape recording, within three days after the materials ordered to be produced are received by the officer from the commercial enterprise. The return shall be made in the circuit court clerk’s office for the jurisdiction wherein the warrant was (I) executed, if executed within the Commonwealth, and a copy of the return shall also be delivered to the clerk of the circuit court of the county or city where the warrant was issued or (II) issued, if executed outside the Commonwealth. Saturdays, Sundays, or any federal or state legal holiday shall not be used in computing the three-day filing period.\n\t\t\tNotwithstanding the provisions of § 19.2-57, any search warrant for records or other information pertaining to a customer of a financial institution as defined in § 6.2-604, money transmitter as defined in § 6.2-1922, commercial business providing credit history or credit reports, or issuer as defined in § 6.2-424 may be executed within the Commonwealth by hand, United States mail, commercial delivery service, facsimile, or other electronic means upon the financial institution, money transmitter, commercial business providing credit history or credit reports, or issuer. The officer executing such warrant shall endorse the date of execution thereon and shall file the warrant, with the inventory attached (or a notation that no property was seized) and the accompanying affidavit, unless such affidavit was made by voice or videotape recording, within three days after the materials ordered to be produced are received by the officer from the financial institution, money transmitter, commercial business providing credit history or credit reports, or issuer. The return shall be made in the circuit court clerk’s office for the jurisdiction wherein the warrant was executed. Saturdays, Sundays, or any federal or state legal holiday shall not be used in computing the three-day filing period. For the purposes of this section, the warrant will be considered executed in the jurisdiction where the entity on which the warrant is served is located.\n\t\t\tEvery search warrant shall contain the date and time it was issued. However, the failure of any such search warrant to contain the date and time it was issued shall not render the warrant void, provided that the date and time of issuing of said warrant is established by competent evidence.\n\t\t\tThe judge, magistrate, or other official authorized to issue criminal warrants shall attach a copy of the affidavit required by § 19.2-54, which shall become a part of the search warrant and served therewith. However, this provision shall not be applicable in any case in which the affidavit is made by means of a voice or videotape recording or where the affidavit has been sealed pursuant to § 19.2-54.\n\t\t\tAny search warrant not executed within 15 days after issuance thereof shall be returned to, and voided by, the officer who issued such search warrant.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":258084,"text":"No law-enforcement officer shall seek, execute, or participate in the execution of a no-knock search warrant. A search warrant for any place of abode authorized under this section shall require that a law-enforcement officer be recognizable and identifiable as a uniformed law-enforcement officer and provide audible notice of his authority and purpose reasonably designed to be heard by the occupants of such place to be searched prior to the execution of such search warrant.\n\t\t\tAfter entering and securing the place to be searched and prior to undertaking any search or seizure pursuant to the search warrant, the executing law-enforcement officer shall give a copy of the search warrant and affidavit to the person to be searched or the owner of the place to be searched or, if the owner is not present, to at least one adult occupant of the place to be searched. If the place to be searched is unoccupied by an adult, the executing law-enforcement officer shall leave a copy of the search warrant and affidavit in a conspicuous place within or affixed to the place to be searched.\n\t\t\tSearch warrants authorized under this section for the search of any place of abode shall be executed by initial entry of the abode only in the daytime hours between 8:00 a.m. and 5:00 p.m. unless (i) a judge or a magistrate, if a judge is not available, authorizes the execution of such search warrant at another time for good cause shown by particularized facts in an affidavit or (ii) prior to the issuance of the search warrant, law-enforcement officers lawfully entered and secured the place to be searched and remained at such place continuously.\n\t\t\tA law-enforcement officer shall make reasonable efforts to locate a judge before seeking authorization to execute the warrant at another time, unless circumstances require the issuance of the warrant after 5:00 p.m., pursuant to the provisions of this subsection, in which case the law-enforcement officer may seek such authorization from a magistrate without first making reasonable efforts to locate a judge. Such reasonable efforts shall be documented in an affidavit and submitted to a magistrate when seeking such authorization.\n\t\t\tAny evidence obtained from a search warrant executed in violation of this subsection shall not be admitted into evidence for the Commonwealth in any prosecution.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":258085,"text":"For the purposes of this section:\n\t\t\t“Foreign corporation” means any corporation or other entity, whose primary place of business is located outside of the boundaries of the Commonwealth, that makes a contract or engages in a terms of service agreement with a resident of the Commonwealth to be performed in whole or in part by either party in the Commonwealth, or a corporation that has been issued a certificate of authority pursuant to § 13.1-759 to transact business in the Commonwealth. The making of the contract or terms of service agreement or the issuance of a certificate of authority shall be considered to be the agreement of the foreign corporation or entity that a search warrant or subpoena, which has been properly served on it, has the same legal force and effect as if served personally within the Commonwealth.\n\t\t\t“Properly served” means delivery of a search warrant or subpoena by hand, by United States mail, by commercial delivery service, by facsimile or by any other manner to any officer of a corporation or its general manager in the Commonwealth, to any natural person designated by it as agent for the service of process, or if such corporation has designated a corporate agent, to any person named in the latest annual report filed pursuant to § 13.1-775.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-56\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 20 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 1968, chapter 572; in 1975, chapter 495; in 1977, chapter 289; in 1979, chapter 584; in 1980, chapter 573; in 1981, chapter 559; in 1984, chapters 491 and 598; in 1988, chapter 50; in 1989, chapter 719; in 2000, chapter 783<\/a>; in 2001, chapters 183<\/a> and 205<\/a>; in 2007, chapter 416<\/a>; in 2009, chapter 725<\/a>; in 2015, chapters 75<\/a> and 126<\/a>; in 2017, chapters 228<\/a>, 233<\/a>, 242<\/a>, and 641<\/a>; in 2018, chapter 410<\/a>; in 2022, chapter 403<\/a>; in 2023, chapters 107<\/a> and 108<\/a>; in 2025, chapters 214<\/a> and 345<\/a>.<\/p>","references":false,"refers_to":[{"id":79232,"section_number":"13.1-759","catch_line":"Application for certificate of authority","order_by":null,"url":"\/13.1-759\/"},{"id":77578,"section_number":"13.1-775","catch_line":"Annual report of domestic and foreign corporations","order_by":null,"url":"\/13.1-775\/"},{"id":58231,"section_number":"19.2-53","catch_line":"What may be searched and seized","order_by":null,"url":"\/19.2-53\/"},{"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\/"},{"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":78099,"section_number":"6.2-1922","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/6.2-1922\/"},{"id":69648,"section_number":"6.2-424","catch_line":"Definitions","order_by":null,"url":"\/6.2-424\/"},{"id":83499,"section_number":"6.2-604","catch_line":"Definitions","order_by":null,"url":"\/6.2-604\/"}],"permalink":{"id":170821,"object_type":"law","relational_id":71614,"identifier":"19.2-56","token":"19.2\/5\/19.2-56","url":"\/19.2-56\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-56\/","token":"19.2\/5\/19.2-56","dublin_core":{"Title":"(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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-56","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The judge<\/span>, magistrate<\/span>, or other official authorized to issue<\/span> criminal warrants shall issue<\/span> a search warrant<\/span> only if he finds from the facts<\/span> or circumstances recited in the affidavit<\/span> that there is probable cause<\/span> for the issuance thereof. If a search warrant<\/span> is issued for electronic records of a foreign corporation<\/span>, as described in § 19.2-53<\/a>, such affidavit<\/span> shall state that the complainant believes such records are actually or constructively possessed by such foreign corporation<\/span>. In order<\/span> to comply with the requirements of § 19.2-54<\/a>, any search of the records of a foreign corporation<\/span>, as described in § 19.2-53<\/a>, shall be deemed to have been made in the same place where the search warrant<\/span> was issued.\n\t\t\tEvery search warrant<\/span> shall be directed (i) to the sheriff, sergeant, or any policeman of the county, city, or town in which the place to be searched is located; (ii) to any law<\/span>-enforcement officer or agent employed by the Commonwealth and vested with the powers of sheriffs and police; or (iii) jointly to any such sheriff, sergeant, policeman, or law<\/span>-enforcement officer or agent and an agent, special agent, or officer of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives of the U.S. Department of Justice, the United States Naval Criminal Investigative Service, the United States Army Criminal Investigation Division, the United States Air Force Office of Special Investigations, or the U.S. Department of Homeland Security or any inspector, law<\/span>-enforcement official, or police personnel of the United States Postal Service or the U.S. Drug Enforcement Administration. The warrant shall (a) name the affiant, (b) recite 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 the search is to be made, (c) name or describe the place to be searched, (d) describe the property or person to be searched for, and (e) recite that the magistrate<\/span> has found probable cause<\/span> to believe that the property or person constitutes evidence<\/span> of a crime<\/span> (identified in the warrant) or tends to show that a person (named or described therein) has committed or is committing a crime<\/span> or that the person to be arrested for whom a warrant or process for arrest<\/span> has been issued is located at the place to be searched.\n\t\t\tThe warrant shall command that the place be forthwith searched and that the objects<\/span> or persons described in the warrant, if found there, be seized. An inventory shall be produced before a court<\/span> having jurisdiction<\/span> of the offense<\/span> or over the person to be arrested for whom a warrant or process for arrest<\/span> has been issued in relation to which the warrant was issued as provided in § 19.2-57<\/a>.\n\t\t\tAny such warrant as provided in this section shall be executed by the policeman or other law<\/span>-enforcement officer or agent into whose hands it shall come or be delivered. If the warrant is directed jointly to a sheriff, sergeant, policeman, or law<\/span>-enforcement officer or agent of the Commonwealth and a federal agent or officer as otherwise provided in this section, the warrant may be executed jointly or by the policeman, law<\/span>-enforcement officer, or agent into whose hands it is delivered. No other person may be permitted to be present during or participate in the execution of a warrant to search a place except (1) the owners and occupants of the place to be searched when permitted to be present by the officer in charge of the conduct of the search and (2) persons designated by the officer in charge of the conduct of the search to assist or provide expertise in the conduct of the search.\n\t\t\tAny search warrant<\/span> for records or other information pertaining to a subscriber to, or customer of, an electronic communication service or remote computing service, whether a domestic corporation or foreign corporation<\/span>, that is transacting or has transacted any business in the Commonwealth, to be executed upon such service provider may be executed within or outside the Commonwealth by hand, United States mail, commercial delivery service, facsimile, or other electronic means upon the service provider. Notwithstanding the provisions of § 19.2-57<\/a>, the officer executing a warrant pursuant to this paragraph shall endorse the date of execution thereon and shall file the warrant, with the inventory attached (or a notation that no property was seized) and the accompanying affidavit<\/span>, unless such affidavit<\/span> was made by voice or videotape recording, within three days after the materials<\/span> ordered to be produced are received by the officer from the service provider. The return shall be made in the circuit<\/span> court<\/span> clerk’s office for the jurisdiction<\/span> wherein the warrant was (A) executed, if executed within the Commonwealth, and a copy of the return shall also be delivered to the clerk of the circuit<\/span> court<\/span> of the county or city where the warrant was issued or (B) issued, if executed outside the Commonwealth. Saturdays, Sundays, or any federal or state legal holiday shall not be used in computing the three-day filing period.\n\t\t\tElectronic communication service or remote computing service providers, whether a foreign or domestic corporation, shall also provide the contents of electronic communications pursuant to a search warrant<\/span> issued under this section and § 19.2-70.3<\/a> using the same process described in the preceding paragraph.\n\t\t\tAny search warrant<\/span> for electronic records or other information stored outside of the Commonwealth by a commercial enterprise, whether a domestic corporation or a foreign corporation<\/span>, that is transacting or has transacted any business in the Commonwealth, to be executed upon such commercial enterprise may be executed within or outside the Commonwealth by hand, United States mail, commercial delivery service, facsimile, or other electronic means upon the commercial enterprise. Notwithstanding the provisions of § 19.2-57<\/a>, the officer executing a warrant pursuant to this paragraph shall endorse the date of execution thereon and shall file the warrant, with the inventory attached (or a notation that no property was seized) and the accompanying affidavit<\/span>, unless such affidavit<\/span> was made by voice or videotape recording, within three days after the materials<\/span> ordered to be produced are received by the officer from the commercial enterprise. The return shall be made in the circuit<\/span> court<\/span> clerk’s office for the jurisdiction<\/span> wherein the warrant was (I) executed, if executed within the Commonwealth, and a copy of the return shall also be delivered to the clerk of the circuit<\/span> court<\/span> of the county or city where the warrant was issued or (II) issued, if executed outside the Commonwealth. Saturdays, Sundays, or any federal or state legal holiday shall not be used in computing the three-day filing period.\n\t\t\tNotwithstanding the provisions of § 19.2-57<\/a>, any search warrant<\/span> for records or other information pertaining to a customer of a financial institution as defined in § 6.2-604<\/a>, money transmitter as defined in § 6.2-1922<\/a>, commercial business providing credit history or credit reports, or issuer as defined in § 6.2-424<\/a> may be executed within the Commonwealth by hand, United States mail, commercial delivery service, facsimile, or other electronic means upon the financial institution, money transmitter, commercial business providing credit history or credit reports, or issuer. The officer executing such warrant shall endorse the date of execution thereon and shall file the warrant, with the inventory attached (or a notation that no property was seized) and the accompanying affidavit<\/span>, unless such affidavit<\/span> was made by voice or videotape recording, within three days after the materials<\/span> ordered to be produced are received by the officer from the financial institution, money transmitter, commercial business providing credit history or credit reports, or issuer. The return shall be made in the circuit<\/span> court<\/span> clerk’s office for the jurisdiction<\/span> wherein the warrant was executed. Saturdays, Sundays, or any federal or state legal holiday shall not be used in computing the three-day filing period. For the purposes of this section, the warrant will be considered executed in the jurisdiction<\/span> where the entity on which the warrant is served is located.\n\t\t\tEvery search warrant<\/span> shall contain the date and time it was issued. However, the failure of any such search warrant<\/span> to contain the date and time it was issued shall not render the warrant void, provided that the date and time of issuing of said warrant is established by competent evidence<\/span>.\n\t\t\tThe judge<\/span>, magistrate<\/span>, or other official authorized to issue<\/span> criminal warrants shall attach a copy of the affidavit<\/span> required by § 19.2-54<\/a>, which shall become a part of the search warrant<\/span> and served therewith. However, this provision shall not be applicable in any case in which the affidavit<\/span> is made by means of a voice or videotape recording or where the affidavit<\/span> has been sealed<\/span> pursuant to § 19.2-54<\/a>.\n\t\t\tAny search warrant<\/span> not executed within 15 days after issuance thereof shall be returned to, and voided by, the officer who issued such search warrant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No law<\/span>-enforcement officer shall seek, execute, or participate in the execution of a no-knock search warrant<\/span>. A search warrant<\/span> for any place of abode authorized under this section shall require that a law<\/span>-enforcement officer be recognizable and identifiable as a uniformed law<\/span>-enforcement officer and provide audible notice of his authority and purpose reasonably designed to be heard by the occupants of such place to be searched prior to the execution of such search warrant<\/span>.\n\t\t\tAfter entering and securing the place to be searched and prior to undertaking any search or seizure pursuant to the search warrant<\/span>, the executing law<\/span>-enforcement officer shall give a copy of the search warrant<\/span> and affidavit<\/span> to the person to be searched or the owner of the place to be searched or, if the owner is not present, to at least one adult occupant of the place to be searched. If the place to be searched is unoccupied by an adult, the executing law<\/span>-enforcement officer shall leave a copy of the search warrant<\/span> and affidavit<\/span> in a conspicuous place within or affixed to the place to be searched.\n\t\t\tSearch warrants<\/span> authorized under this section for the search of any place of abode shall be executed by initial entry of the abode only in the daytime hours between 8:00 a.m. and 5:00 p.m. unless (i) a judge<\/span> or a magistrate<\/span>, if a judge<\/span> is not available, authorizes the execution of such search warrant<\/span> at another time for good cause shown by particularized facts<\/span> in an affidavit<\/span> or (ii) prior to the issuance of the search warrant<\/span>, law<\/span>-enforcement officers lawfully entered and secured the place to be searched and remained at such place continuously.\n\t\t\tA law<\/span>-enforcement officer shall make reasonable efforts to locate a judge<\/span> before seeking authorization to execute the warrant at another time, unless circumstances require the issuance of the warrant after 5:00 p.m., pursuant to the provisions of this subsection, in which case the law<\/span>-enforcement officer may seek such authorization from a magistrate<\/span> without first making reasonable efforts to locate a judge<\/span>. Such reasonable efforts shall be documented in an affidavit<\/span> and submitted to a magistrate<\/span> when seeking such authorization.\n\t\t\tAny evidence<\/span> obtained from a search warrant<\/span> executed in violation of this subsection shall not be admitted into evidence<\/span> for the Commonwealth in any prosecution<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purposes of this section:\n\t\t\t“Foreign corporation<\/span>” means any corporation or other entity, whose primary place of business is located outside of the boundaries of the Commonwealth, that makes a contract<\/span> or engages in a terms of service agreement with a resident of the Commonwealth to be performed in whole or in part by either party<\/span> in the Commonwealth, or a corporation that has been issued a certificate of authority pursuant to § 13.1-759<\/a> to transact business in the Commonwealth. The making of the contract<\/span> or terms of service agreement or the issuance of a certificate of authority shall be considered to be the agreement of the foreign corporation<\/span> or entity that a search warrant<\/span> or subpoena<\/span>, which has been properly served<\/span> on it, has the same legal force and effect as if served personally within the Commonwealth.\n\t\t\t“Properly served<\/span>” means delivery of a search warrant<\/span> or subpoena<\/span> by hand, by United States mail, by commercial delivery service, by facsimile or by any other manner to any officer of a corporation or its general manager in the Commonwealth, to any natural person designated by it as agent for the service of process<\/span>, or if such corporation has designated a corporate agent, to any person named in the latest annual report filed pursuant to § 13.1-775<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) TO WHOM SEARCH WARRANT DIRECTED; WHAT IT SHALL COMMAND;\nWARRANT TO SHOW DATE AND TIME OF ISSUANCE; COPY OF AFFIDAVIT TO BE PART OF\nWARRANT AND SERVED THEREWITH; WARRANTS NOT EXECUTED WITHIN 15 DAYS (\u00a7 19.2-56)\n\nA. The judge, magistrate, or other official authorized to issue criminal\nwarrants shall issue a search warrant only if he finds from the facts or\ncircumstances recited in the affidavit that there is probable cause for the\nissuance thereof. If a search warrant is issued for electronic records of a\nforeign corporation, as described in § 19.2-53, such affidavit shall state\nthat the complainant believes such records are actually or constructively\npossessed by such foreign corporation. In order to comply with the requirements\nof § 19.2-54, any search of the records of a foreign corporation, as\ndescribed in § 19.2-53, shall be deemed to have been made in the same place\nwhere the search warrant was issued.\n\t\t\tEvery search warrant shall be directed (i) to the sheriff, sergeant, or any\npoliceman of the county, city, or town in which the place to be searched is\nlocated; (ii) to any law-enforcement officer or agent employed by the\nCommonwealth and vested with the powers of sheriffs and police; or (iii) jointly\nto any such sheriff, sergeant, policeman, or law-enforcement officer or agent\nand an agent, special agent, or officer of the Federal Bureau of Investigation,\nthe Bureau of Alcohol, Tobacco, Firearms and Explosives of the U.S. Department\nof Justice, the United States Naval Criminal Investigative Service, the United\nStates Army Criminal Investigation Division, the United States Air Force Office\nof Special Investigations, or the U.S. Department of Homeland Security or any\ninspector, law-enforcement official, or police personnel of the United States\nPostal Service or the U.S. Drug Enforcement Administration. The warrant shall\n(a) name the affiant, (b) recite the offense or the identity of the person to be\narrested for whom a warrant or process for arrest has been issued in relation to\nwhich the search is to be made, (c) name or describe the place to be searched,\n(d) describe the property or person to be searched for, and (e) recite that the\nmagistrate has found probable cause to believe that the property or person\nconstitutes evidence of a crime (identified in the warrant) or tends to show\nthat a person (named or described therein) has committed or is committing a\ncrime or that the person to be arrested for whom a warrant or process for arrest\nhas been issued is located at the place to be searched.\n\t\t\tThe warrant shall command that the place be forthwith searched and that the\nobjects or persons described in the warrant, if found there, be seized. An\ninventory shall be produced before a court having jurisdiction of the offense or\nover the person to be arrested for whom a warrant or process for arrest has been\nissued in relation to which the warrant was issued as provided in §\n19.2-57.\n\t\t\tAny such warrant as provided in this section shall be executed by the\npoliceman or other law-enforcement officer or agent into whose hands it shall\ncome or be delivered. If the warrant is directed jointly to a sheriff, sergeant,\npoliceman, or law-enforcement officer or agent of the Commonwealth and a federal\nagent or officer as otherwise provided in this section, the warrant may be\nexecuted jointly or by the policeman, law-enforcement officer, or agent into\nwhose hands it is delivered. No other person may be permitted to be present\nduring or participate in the execution of a warrant to search a place except (1)\nthe owners and occupants of the place to be searched when permitted to be\npresent by the officer in charge of the conduct of the search and (2) persons\ndesignated by the officer in charge of the conduct of the search to assist or\nprovide expertise in the conduct of the search.\n\t\t\tAny search warrant for records or other information pertaining to a\nsubscriber to, or customer of, an electronic communication service or remote\ncomputing service, whether a domestic corporation or foreign corporation, that\nis transacting or has transacted any business in the Commonwealth, to be\nexecuted upon such service provider may be executed within or outside the\nCommonwealth by hand, United States mail, commercial delivery service,\nfacsimile, or other electronic means upon the service provider. Notwithstanding\nthe provisions of § 19.2-57, the officer executing a warrant pursuant to\nthis paragraph shall endorse the date of execution thereon and shall file the\nwarrant, with the inventory attached (or a notation that no property was seized)\nand the accompanying affidavit, unless such affidavit was made by voice or\nvideotape recording, within three days after the materials ordered to be\nproduced are received by the officer from the service provider. The return shall\nbe made in the circuit court clerk’s office for the jurisdiction wherein\nthe warrant was (A) executed, if executed within the Commonwealth, and a copy of\nthe return shall also be delivered to the clerk of the circuit court of the\ncounty or city where the warrant was issued or (B) issued, if executed outside\nthe Commonwealth. Saturdays, Sundays, or any federal or state legal holiday\nshall not be used in computing the three-day filing period.\n\t\t\tElectronic communication service or remote computing service providers,\nwhether a foreign or domestic corporation, shall also provide the contents of\nelectronic communications pursuant to a search warrant issued under this section\nand § 19.2-70.3 using the same process described in the preceding\nparagraph.\n\t\t\tAny search warrant for electronic records or other information stored outside\nof the Commonwealth by a commercial enterprise, whether a domestic corporation\nor a foreign corporation, that is transacting or has transacted any business in\nthe Commonwealth, to be executed upon such commercial enterprise may be executed\nwithin or outside the Commonwealth by hand, United States mail, commercial\ndelivery service, facsimile, or other electronic means upon the commercial\nenterprise. Notwithstanding the provisions of § 19.2-57, the officer\nexecuting a warrant pursuant to this paragraph shall endorse the date of\nexecution thereon and shall file the warrant, with the inventory attached (or a\nnotation that no property was seized) and the accompanying affidavit, unless\nsuch affidavit was made by voice or videotape recording, within three days after\nthe materials ordered to be produced are received by the officer from the\ncommercial enterprise. The return shall be made in the circuit court\nclerk’s office for the jurisdiction wherein the warrant was (I) executed,\nif executed within the Commonwealth, and a copy of the return shall also be\ndelivered to the clerk of the circuit court of the county or city where the\nwarrant was issued or (II) issued, if executed outside the Commonwealth.\nSaturdays, Sundays, or any federal or state legal holiday shall not be used in\ncomputing the three-day filing period.\n\t\t\tNotwithstanding the provisions of § 19.2-57, any search warrant for\nrecords or other information pertaining to a customer of a financial institution\nas defined in § 6.2-604, money transmitter as defined in § 6.2-1922,\ncommercial business providing credit history or credit reports, or issuer as\ndefined in § 6.2-424 may be executed within the Commonwealth by hand,\nUnited States mail, commercial delivery service, facsimile, or other electronic\nmeans upon the financial institution, money transmitter, commercial business\nproviding credit history or credit reports, or issuer. The officer executing\nsuch warrant shall endorse the date of execution thereon and shall file the\nwarrant, with the inventory attached (or a notation that no property was seized)\nand the accompanying affidavit, unless such affidavit was made by voice or\nvideotape recording, within three days after the materials ordered to be\nproduced are received by the officer from the financial institution, money\ntransmitter, commercial business providing credit history or credit reports, or\nissuer. The return shall be made in the circuit court clerk’s office for\nthe jurisdiction wherein the warrant was executed. Saturdays, Sundays, or any\nfederal or state legal holiday shall not be used in computing the three-day\nfiling period. For the purposes of this section, the warrant will be considered\nexecuted in the jurisdiction where the entity on which the warrant is served is\nlocated.\n\t\t\tEvery search warrant shall contain the date and time it was issued. However,\nthe failure of any such search warrant to contain the date and time it was\nissued shall not render the warrant void, provided that the date and time of\nissuing of said warrant is established by competent evidence.\n\t\t\tThe judge, magistrate, or other official authorized to issue criminal\nwarrants shall attach a copy of the affidavit required by § 19.2-54, which\nshall become a part of the search warrant and served therewith. However, this\nprovision shall not be applicable in any case in which the affidavit is made by\nmeans of a voice or videotape recording or where the affidavit has been sealed\npursuant to § 19.2-54.\n\t\t\tAny search warrant not executed within 15 days after issuance thereof shall\nbe returned to, and voided by, the officer who issued such search warrant.\n\nB. No law-enforcement officer shall seek, execute, or participate in the\nexecution of a no-knock search warrant. A search warrant for any place of abode\nauthorized under this section shall require that a law-enforcement officer be\nrecognizable and identifiable as a uniformed law-enforcement officer and provide\naudible notice of his authority and purpose reasonably designed to be heard by\nthe occupants of such place to be searched prior to the execution of such search\nwarrant.\n\t\t\tAfter entering and securing the place to be searched and prior to undertaking\nany search or seizure pursuant to the search warrant, the executing\nlaw-enforcement officer shall give a copy of the search warrant and affidavit to\nthe person to be searched or the owner of the place to be searched or, if the\nowner is not present, to at least one adult occupant of the place to be\nsearched. If the place to be searched is unoccupied by an adult, the executing\nlaw-enforcement officer shall leave a copy of the search warrant and affidavit\nin a conspicuous place within or affixed to the place to be searched.\n\t\t\tSearch warrants authorized under this section for the search of any place of\nabode shall be executed by initial entry of the abode only in the daytime hours\nbetween 8:00 a.m. and 5:00 p.m. unless (i) a judge or a magistrate, if a judge\nis not available, authorizes the execution of such search warrant at another\ntime for good cause shown by particularized facts in an affidavit or (ii) prior\nto the issuance of the search warrant, law-enforcement officers lawfully entered\nand secured the place to be searched and remained at such place continuously.\n\t\t\tA law-enforcement officer shall make reasonable efforts to locate a judge\nbefore seeking authorization to execute the warrant at another time, unless\ncircumstances require the issuance of the warrant after 5:00 p.m., pursuant to\nthe provisions of this subsection, in which case the law-enforcement officer may\nseek such authorization from a magistrate without first making reasonable\nefforts to locate a judge. Such reasonable efforts shall be documented in an\naffidavit and submitted to a magistrate when seeking such authorization.\n\t\t\tAny evidence obtained from a search warrant executed in violation of this\nsubsection shall not be admitted into evidence for the Commonwealth in any\nprosecution.\n\nC. For the purposes of this section:\n\t\t\t“Foreign corporation” means any corporation or other entity,\nwhose primary place of business is located outside of the boundaries of the\nCommonwealth, that makes a contract or engages in a terms of service agreement\nwith a resident of the Commonwealth to be performed in whole or in part by\neither party in the Commonwealth, or a corporation that has been issued a\ncertificate of authority pursuant to § 13.1-759 to transact business in the\nCommonwealth. The making of the contract or terms of service agreement or the\nissuance of a certificate of authority shall be considered to be the agreement\nof the foreign corporation or entity that a search warrant or subpoena, which\nhas been properly served on it, has the same legal force and effect as if served\npersonally within the Commonwealth.\n\t\t\t“Properly served” means delivery of a search warrant or subpoena\nby hand, by United States mail, by commercial delivery service, by facsimile or\nby any other manner to any officer of a corporation or its general manager in\nthe Commonwealth, to any natural person designated by it as agent for the\nservice of process, or if such corporation has designated a corporate agent, to\nany person named in the latest annual report filed pursuant to § 13.1-775.\n\nHISTORY: Code 1950, \u00a7 19.1-86; 1960, c. 366; 1968, c. 572; 1975, c. 495; 1977,\nc. 289; 1979, c. 584; 1980, c. 573; 1981, c. 559; 1984, cc. 491, 598; 1988, c.\n50; 1989, c. 719; 2000, c. 783; 2001, cc. 183, 205; 2007, c. 416; 2009, c. 725;\n2015, cc. 75, 126; 2017, cc. 228, 233, 242, 641; 2018, c. 410; 2020, Sp. Sess.\nI, cc. 31, 37; 2021, Sp. Sess. I, c. 34; 2022, c. 403; 2023, cc. 107, 108; 2025,\ncc. 214, 345.","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}}