{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-59.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-59.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-59.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-59.html"}],"law_id":84564,"edition_id":1,"section_id":84564,"structure_id":15295,"section_number":"19.2-59","catch_line":"Search without warrant prohibited; when search without warrant lawful","history":"Code 1950, \u00a7 19.1-88; 1960, c. 366; 1975, c. 495; 1976, c. 293; 1978, c. 721; 1997, c. 147.","full_text":"No officer of the law or any other person shall search any place, thing or person, except by virtue of and under a warrant issued by a proper officer. Any officer or other person searching any place, thing or person otherwise than by virtue of and under a search warrant, shall be guilty of malfeasance in office. Any officer or person violating the provisions of this section shall be liable to any person aggrieved thereby in both compensatory and punitive damages. Any officer found guilty of a second offense under this section shall, upon conviction thereof, immediately forfeit his office, and such finding shall be deemed to create a vacancy in such office to be filled according to law.\n\t\tProvided, however, that any officer empowered to enforce the game laws or marine fisheries laws as set forth in Title 28.2 may without a search warrant enter for the purpose of enforcing such laws, any freight yard or room, passenger depot, baggage room or warehouse, storage room or warehouse, train, baggage car, passenger car, express car, Pullman car or freight car of any common carrier, or any boat, automobile or other vehicle; but nothing in this proviso contained shall be construed to permit a search of any occupied berth or compartment on any passenger car or boat or any baggage, bag, trunk, box or other closed container without a search warrant.","order_by":null,"text":{"0":{"id":303087,"text":"No officer of the law or any other person shall search any place, thing or person, except by virtue of and under a warrant issued by a proper officer. Any officer or other person searching any place, thing or person otherwise than by virtue of and under a search warrant, shall be guilty of malfeasance in office. Any officer or person violating the provisions of this section shall be liable to any person aggrieved thereby in both compensatory and punitive damages. Any officer found guilty of a second offense under this section shall, upon conviction thereof, immediately forfeit his office, and such finding shall be deemed to create a vacancy in such office to be filled according to law.\n\t\tProvided, however, that any officer empowered to enforce the game laws or marine fisheries laws as set forth in Title 28.2 may without a search warrant enter for the purpose of enforcing such laws, any freight yard or room, passenger depot, baggage room or warehouse, storage room or warehouse, train, baggage car, passenger car, express car, Pullman car or freight car of any common carrier, or any boat, automobile or other vehicle; but nothing in this proviso contained shall be construed to permit a search of any occupied berth or compartment on any passenger car or boat or any baggage, bag, trunk, box or other closed container without a search warrant.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-59\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1975, chapter 495; in 1976, chapter 293; in 1978, chapter 721; in 1997, chapter 147<\/a>.<\/p>","references":[{"id":58256,"section_number":"46.2-103","catch_line":"Stopping vehicles for inspection or to secure information","order_by":null,"url":"\/46.2-103\/"}],"refers_to":false,"permalink":{"id":170841,"object_type":"law","relational_id":84564,"identifier":"19.2-59","token":"19.2\/5\/19.2-59","url":"\/19.2-59\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-59\/","token":"19.2\/5\/19.2-59","dublin_core":{"Title":"Search without warrant prohibited; when search without warrant lawful","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-59","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No officer of the law<\/span> or any other person shall search any place, thing or person, except by virtue of and under a warrant issued by a proper officer. Any officer or other person searching any place, thing or person otherwise than by virtue of and under a search warrant<\/span>, shall be guilty of malfeasance in office. Any officer or person violating the provisions of this section shall be liable to any person aggrieved thereby in both compensatory and punitive damages<\/span>. Any officer found guilty of a second offense<\/span> under this section shall, upon conviction<\/span> thereof, immediately forfeit his office, and such finding<\/span> shall be deemed to create a vacancy in such office to be filled according to law<\/span>.\n\t\tProvided, however, that any officer empowered to enforce the game laws<\/span> or marine fisheries laws<\/span> as set forth in Title 28.2 may without a search warrant<\/span> enter for the purpose of enforcing such laws<\/span>, any freight yard or room, passenger depot, baggage room or warehouse, storage room or warehouse, train, baggage car, passenger car, express car, Pullman car or freight car of any common carrier, or any boat, automobile or other vehicle; but nothing in this proviso contained shall be construed to permit a search of any occupied berth or compartment on any passenger car or boat or any baggage, bag, trunk, box or other closed container without a search warrant<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSEARCH WITHOUT WARRANT PROHIBITED; WHEN SEARCH WITHOUT WARRANT LAWFUL (\u00a7\n19.2-59)\n\nNo officer of the law or any other person shall search any place, thing or\nperson, except by virtue of and under a warrant issued by a proper officer. Any\nofficer or other person searching any place, thing or person otherwise than by\nvirtue of and under a search warrant, shall be guilty of malfeasance in office.\nAny officer or person violating the provisions of this section shall be liable\nto any person aggrieved thereby in both compensatory and punitive damages. Any\nofficer found guilty of a second offense under this section shall, upon\nconviction thereof, immediately forfeit his office, and such finding shall be\ndeemed to create a vacancy in such office to be filled according to law.\n\t\tProvided, however, that any officer empowered to enforce the game laws or\nmarine fisheries laws as set forth in Title 28.2 may without a search warrant\nenter for the purpose of enforcing such laws, any freight yard or room,\npassenger depot, baggage room or warehouse, storage room or warehouse, train,\nbaggage car, passenger car, express car, Pullman car or freight car of any\ncommon carrier, or any boat, automobile or other vehicle; but nothing in this\nproviso contained shall be construed to permit a search of any occupied berth or\ncompartment on any passenger car or boat or any baggage, bag, trunk, box or\nother closed container without a search warrant.\n\nHISTORY: Code 1950, \u00a7 19.1-88; 1960, c. 366; 1975, c. 495; 1976, c. 293; 1978,\nc. 721; 1997, c. 147.","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}}