{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-59.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-59.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-59.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-59.1.html"}],"law_id":73054,"edition_id":1,"section_id":73054,"structure_id":15295,"section_number":"19.2-59.1","catch_line":"Strip searches prohibited; exceptions; how strip searches conducted","history":"1981, c. 608; 1995, c. 112; 2020, c. 1236.","full_text":"A\n\nNo person in custodial arrest for a traffic infraction, Class 3 or Class 4 misdemeanor, or a violation of a city, county, or town ordinance, which is punishable by no more than 30 days in jail shall be strip searched unless there is reasonable cause to believe on the part of a law-enforcement officer authorizing the search that the individual is concealing a weapon. All strip searches conducted under this section shall be performed by persons of the same sex as the person arrested and on premises where the search cannot be observed by persons not physically conducting the search.B\n\nA regional jail superintendent or the chief of police or the sheriff of the county or city shall develop a written policy regarding strip searches.C\n\nA search of any body cavity must be performed under sanitary conditions and a search of any body cavity, other than the mouth, shall be conducted either by or under the supervision of medically trained personnel.D\n\nStrip searches authorized pursuant to the exceptions stated in subsection A shall be conducted by a law-enforcement officer as defined in § 9.1-101.E\n\nThe provisions of this section shall not apply when the person is taken into custody by or remanded to a law-enforcement officer pursuant to a circuit or district court order.F\n\nFor purposes of this section, “strip search” means having an arrested person remove or arrange some or all of his clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts, or undergarments of such person.G\n\nNothing in this section shall prohibit a sheriff or a regional jail superintendent from requiring that inmates take hot water and soap showers and be subjected to visual inspection upon assignment to the general population area of the jail or upon determination by the sheriff or regional jail superintendent that the inmate must be held at the jail by reason of his inability to post bond after reasonable opportunity to do so.H\n\nExcept for children committed to the Department of Juvenile Justice or confined or detained in a secure local facility for juveniles or a jail or other facility for the detention of adults and except as provided in subsection E, no child under the age of 18 shall be strip searched or subjected to a search of any body cavity by a law-enforcement officer, as defined in § 9.1-101, or a jail officer unless the child is in custodial arrest and there is reasonable cause to believe on the part of a law-enforcement officer or jail officer authorizing the search that the child is concealing a weapon.","order_by":null,"text":{"0":{"id":263043,"text":"No person in custodial arrest for a traffic infraction, Class 3 or Class 4 misdemeanor, or a violation of a city, county, or town ordinance, which is punishable by no more than 30 days in jail shall be strip searched unless there is reasonable cause to believe on the part of a law-enforcement officer authorizing the search that the individual is concealing a weapon. All strip searches conducted under this section shall be performed by persons of the same sex as the person arrested and on premises where the search cannot be observed by persons not physically conducting the search.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":263044,"text":"A regional jail superintendent or the chief of police or the sheriff of the county or city shall develop a written policy regarding strip searches.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":263045,"text":"A search of any body cavity must be performed under sanitary conditions and a search of any body cavity, other than the mouth, shall be conducted either by or under the supervision of medically trained personnel.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":263046,"text":"Strip searches authorized pursuant to the exceptions stated in subsection A shall be conducted by a law-enforcement officer as defined in § 9.1-101.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":263047,"text":"The provisions of this section shall not apply when the person is taken into custody by or remanded to a law-enforcement officer pursuant to a circuit or district court order.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":263048,"text":"For purposes of this section, “strip search” means having an arrested person remove or arrange some or all of his clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts, or undergarments of such person.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":263049,"text":"Nothing in this section shall prohibit a sheriff or a regional jail superintendent from requiring that inmates take hot water and soap showers and be subjected to visual inspection upon assignment to the general population area of the jail or upon determination by the sheriff or regional jail superintendent that the inmate must be held at the jail by reason of his inability to post bond after reasonable opportunity to do so.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":263050,"text":"Except for children committed to the Department of Juvenile Justice or confined or detained in a secure local facility for juveniles or a jail or other facility for the detention of adults and except as provided in subsection E, no child under the age of 18 shall be strip searched or subjected to a search of any body cavity by a law-enforcement officer, as defined in § 9.1-101, or a jail officer unless the child is in custodial arrest and there is reasonable cause to believe on the part of a law-enforcement officer or jail officer authorizing the search that the child is concealing a weapon.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-59.1\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 608 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 1981 \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 1995, chapter 112<\/a>; in 2020, chapter 1236<\/a>.<\/p>","references":false,"refers_to":[{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"}],"permalink":{"id":170845,"object_type":"law","relational_id":73054,"identifier":"19.2-59.1","token":"19.2\/5\/19.2-59.1","url":"\/19.2-59.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-59.1\/","token":"19.2\/5\/19.2-59.1","dublin_core":{"Title":"Strip searches prohibited; exceptions; how strip searches conducted","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-59.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person in custodial arrest<\/span> for a traffic infraction, Class 3 or Class 4 misdemeanor<\/span>, or a violation of a city, county, or town ordinance<\/span>, which is punishable by no more than 30 days in jail shall be strip searched unless there is reasonable cause to believe on the part of a law<\/span>-enforcement officer authorizing the search that the individual is concealing a weapon. All strip searches conducted under this section shall be performed by persons of the same sex as the person arrested and on premises where the search cannot be observed by persons not physically conducting the search. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A regional jail superintendent or the chief of police or the sheriff of the county or city shall develop a written policy regarding strip searches. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A search of any body cavity must be performed under sanitary conditions and a search of any body cavity, other than the mouth, shall be conducted either by or under the supervision of medically trained personnel. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Strip searches authorized pursuant to the exceptions stated in subsection A shall be conducted by a law<\/span>-enforcement officer as defined in § 9.1-101<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this section shall not apply when the person is taken into custody<\/span> by or remanded to a law<\/span>-enforcement officer pursuant to a circuit<\/span> or district court order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> For purposes of this section, “strip search<\/span>” means having an arrested person remove or arrange some or all of his clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts, or undergarments of such person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing in this section shall prohibit a sheriff or a regional jail superintendent from requiring that inmates take hot water and soap showers and be subjected to visual inspection upon assignment to the general population area of the jail or upon determination by the sheriff or regional jail superintendent that the inmate must be held at the jail by reason of his inability to post bond<\/span> after reasonable opportunity to do so. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Except for children committed to the Department of Juvenile Justice or confined or detained in a secure local facility for juveniles or a jail or other facility for the detention of adults and except as provided in subsection E, no child under the age of 18 shall be strip searched or subjected to a search of any body cavity by a law<\/span>-enforcement officer, as defined in § 9.1-101<\/a>, or a jail officer unless the child is in custodial arrest<\/span> and there is reasonable cause to believe on the part of a law<\/span>-enforcement officer or jail officer authorizing the search that the child is concealing a weapon. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTRIP SEARCHES PROHIBITED; EXCEPTIONS; HOW STRIP SEARCHES CONDUCTED (\u00a7\n19.2-59.1)\n\nA. No person in custodial arrest for a traffic infraction, Class 3 or Class 4\nmisdemeanor, or a violation of a city, county, or town ordinance, which is\npunishable by no more than 30 days in jail shall be strip searched unless there\nis reasonable cause to believe on the part of a law-enforcement officer\nauthorizing the search that the individual is concealing a weapon. All strip\nsearches conducted under this section shall be performed by persons of the same\nsex as the person arrested and on premises where the search cannot be observed\nby persons not physically conducting the search.\n\nB. A regional jail superintendent or the chief of police or the sheriff of the\ncounty or city shall develop a written policy regarding strip searches.\n\nC. A search of any body cavity must be performed under sanitary conditions and a\nsearch of any body cavity, other than the mouth, shall be conducted either by or\nunder the supervision of medically trained personnel.\n\nD. Strip searches authorized pursuant to the exceptions stated in subsection A\nshall be conducted by a law-enforcement officer as defined in § 9.1-101.\n\nE. The provisions of this section shall not apply when the person is taken into\ncustody by or remanded to a law-enforcement officer pursuant to a circuit or\ndistrict court order.\n\nF. For purposes of this section, “strip search” means having an\narrested person remove or arrange some or all of his clothing so as to permit a\nvisual inspection of the genitals, buttocks, anus, female breasts, or\nundergarments of such person.\n\nG. Nothing in this section shall prohibit a sheriff or a regional jail\nsuperintendent from requiring that inmates take hot water and soap showers and\nbe subjected to visual inspection upon assignment to the general population area\nof the jail or upon determination by the sheriff or regional jail superintendent\nthat the inmate must be held at the jail by reason of his inability to post bond\nafter reasonable opportunity to do so.\n\nH. Except for children committed to the Department of Juvenile Justice or\nconfined or detained in a secure local facility for juveniles or a jail or other\nfacility for the detention of adults and except as provided in subsection E, no\nchild under the age of 18 shall be strip searched or subjected to a search of\nany body cavity by a law-enforcement officer, as defined in § 9.1-101, or a\njail officer unless the child is in custodial arrest and there is reasonable\ncause to believe on the part of a law-enforcement officer or jail officer\nauthorizing the search that the child is concealing a weapon.\n\nHISTORY: 1981, c. 608; 1995, c. 112; 2020, c. 1236.","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}}