{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-60.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-60.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-60.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-60.1.html"}],"law_id":82227,"edition_id":1,"section_id":82227,"structure_id":15295,"section_number":"19.2-60.1","catch_line":"Use of unmanned aircraft systems by public bodies; search warrant required","history":"2015, cc. 764, 774; 2018, cc. 419, 546, 654; 2019, c. 781; 2025, c. 400.","full_text":"A\n\nAs used in this section, unless the context requires a different meaning:\n\t\t\t&#8220;Unmanned aircraft&#8221; means an aircraft that is operated without the possibility of human intervention from within or on the aircraft.\n\t\t\t&#8220;Unmanned aircraft system&#8221; means an unmanned aircraft and associated elements, including communication links, sensing devices, and the components that control the unmanned aircraft.B\n\nNo state or local government department, agency, or instrumentality having jurisdiction over criminal law enforcement or regulatory violations, including but not limited to the Department of State Police, and no department of law enforcement as defined in &#xA7; 15.2-836 of any county, city, or town shall utilize an unmanned aircraft system except during the execution of a search warrant issued pursuant to this chapter or an administrative or inspection warrant issued pursuant to law.C\n\nNotwithstanding the prohibition in this section, an unmanned aircraft system may be deployed without a warrant (i) when an Amber Alert is activated pursuant to &#xA7; 52-34.3; (ii) when a Senior Alert is activated pursuant to &#xA7; 52-34.6; (iii) when a Blue Alert is activated pursuant to &#xA7; 52-34.9; (iv) where use of an unmanned aircraft system is determined to be necessary to alleviate an immediate danger to any person; (v) by a law-enforcement officer, an employee of the Department of State Police, or an employee of a local law-enforcement agency following an accident where a report is required pursuant to &#xA7; 46.2-373, to survey the scene of such accident for the purpose of crash reconstruction and record the scene by photographic or video images; (vi) by the Department of Transportation when assisting a law-enforcement officer to prepare a report pursuant to &#xA7; 46.2-373; (vii) for training exercises related to such uses; (viii) if a person with legal authority consents to the warrantless search; (ix) by a law-enforcement officer or an employee of a law-enforcement agency to (a) aerially survey a primary residence of the subject of the arrest warrant to formulate a plan to execute an existing arrest warrant or capias for a felony offense or (b) locate a person sought for arrest when such person has fled from a law-enforcement officer and a law-enforcement officer remains in hot pursuit of such person; or (x) by a law-enforcement officer investigating unmanned aircraft systems surrounding or over property of the federal or state government, public critical infrastructure as defined in &#xA7; 44-146.28:2, or nongovernment-operated prison or jail facilities.D\n\nThe warrant requirements of this section shall not apply when such systems are utilized to support the Commonwealth or any locality for purposes other than law enforcement, including damage assessment, traffic assessment, flood stage assessment, and wildfire assessment. Nothing herein shall prohibit use of unmanned aircraft systems for private, commercial, or recreational use or solely for research and development purposes by institutions of higher education and other research organizations or institutions.E\n\nEvidence obtained through the utilization of an unmanned aircraft system in violation of this section is not admissible in any criminal or civil proceeding.F\n\nIn no case may a weaponized unmanned aircraft system be deployed in the Commonwealth or its use facilitated in the Commonwealth by a state or local government department, agency, or instrumentality or department of law enforcement in the Commonwealth except in operations at the Space Port and Naval\/Aegis facilities at Wallops Island. No weaponized unmanned aircraft systems shall be construed to include such systems designed and used for the purpose of disabling another unmanned aircraft system.G\n\nNothing herein shall apply to the Armed Forces of the United States or the Virginia National Guard while utilizing unmanned aircraft systems during training required to maintain readiness for its federal mission or when facilitating training for other U.S. Department of Defense units.","order_by":null,"text":{"0":{"id":294669,"text":"As used in this section, unless the context requires a different meaning:\n\t\t\t&#8220;Unmanned aircraft&#8221; means an aircraft that is operated without the possibility of human intervention from within or on the aircraft.\n\t\t\t&#8220;Unmanned aircraft system&#8221; means an unmanned aircraft and associated elements, including communication links, sensing devices, and the components that control the unmanned aircraft.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":294670,"text":"No state or local government department, agency, or instrumentality having jurisdiction over criminal law enforcement or regulatory violations, including but not limited to the Department of State Police, and no department of law enforcement as defined in &#xA7; 15.2-836 of any county, city, or town shall utilize an unmanned aircraft system except during the execution of a search warrant issued pursuant to this chapter or an administrative or inspection warrant issued pursuant to law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":294671,"text":"Notwithstanding the prohibition in this section, an unmanned aircraft system may be deployed without a warrant (i) when an Amber Alert is activated pursuant to &#xA7; 52-34.3; (ii) when a Senior Alert is activated pursuant to &#xA7; 52-34.6; (iii) when a Blue Alert is activated pursuant to &#xA7; 52-34.9; (iv) where use of an unmanned aircraft system is determined to be necessary to alleviate an immediate danger to any person; (v) by a law-enforcement officer, an employee of the Department of State Police, or an employee of a local law-enforcement agency following an accident where a report is required pursuant to &#xA7; 46.2-373, to survey the scene of such accident for the purpose of crash reconstruction and record the scene by photographic or video images; (vi) by the Department of Transportation when assisting a law-enforcement officer to prepare a report pursuant to &#xA7; 46.2-373; (vii) for training exercises related to such uses; (viii) if a person with legal authority consents to the warrantless search; (ix) by a law-enforcement officer or an employee of a law-enforcement agency to (a) aerially survey a primary residence of the subject of the arrest warrant to formulate a plan to execute an existing arrest warrant or capias for a felony offense or (b) locate a person sought for arrest when such person has fled from a law-enforcement officer and a law-enforcement officer remains in hot pursuit of such person; or (x) by a law-enforcement officer investigating unmanned aircraft systems surrounding or over property of the federal or state government, public critical infrastructure as defined in &#xA7; 44-146.28:2, or nongovernment-operated prison or jail facilities.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":294672,"text":"The warrant requirements of this section shall not apply when such systems are utilized to support the Commonwealth or any locality for purposes other than law enforcement, including damage assessment, traffic assessment, flood stage assessment, and wildfire assessment. Nothing herein shall prohibit use of unmanned aircraft systems for private, commercial, or recreational use or solely for research and development purposes by institutions of higher education and other research organizations or institutions.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":294673,"text":"Evidence obtained through the utilization of an unmanned aircraft system in violation of this section is not admissible in any criminal or civil proceeding.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":294674,"text":"In no case may a weaponized unmanned aircraft system be deployed in the Commonwealth or its use facilitated in the Commonwealth by a state or local government department, agency, or instrumentality or department of law enforcement in the Commonwealth except in operations at the Space Port and Naval\/Aegis facilities at Wallops Island. No weaponized unmanned aircraft systems shall be construed to include such systems designed and used for the purpose of disabling another unmanned aircraft system.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":294675,"text":"Nothing herein shall apply to the Armed Forces of the United States or the Virginia National Guard while utilizing unmanned aircraft systems during training required to maintain readiness for its federal mission or when facilitating training for other U.S. Department of Defense units.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-60.1\/","history_text":"<p>This law was first created in 2015. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0764\">764<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0774\">774<\/a> 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. It has been modified 3 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 2018, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0419\">419<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0546\">546<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0654\">654<\/a>; in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0781\">781<\/a>; in 2025, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0400\">400<\/a>.<\/p>","references":[{"id":78125,"section_number":"15.2-926.3","catch_line":"Local regulation of certain aircraft","order_by":null,"url":"\/15.2-926.3\/"},{"id":57054,"section_number":"5.1-5","catch_line":"Registration of aircraft","order_by":null,"url":"\/5.1-5\/"}],"refers_to":[{"id":61030,"section_number":"15.2-836","catch_line":"Department of law enforcement","order_by":null,"url":"\/15.2-836\/"},{"id":86962,"section_number":"44-146.28:2","catch_line":"Disaster relief assistance by out-of-state businesses and employees","order_by":null,"url":"\/44-146.28_2\/"},{"id":60928,"section_number":"46.2-373","catch_line":"Report by law-enforcement official investigating accident","order_by":null,"url":"\/46.2-373\/"},{"id":65636,"section_number":"52-34.3","catch_line":"Activation of Amber Alert Program upon an incident of child abduction","order_by":null,"url":"\/52-34.3\/"},{"id":60595,"section_number":"52-34.6","catch_line":"Activation of Senior Alert Program upon an incident of a missing senior adult","order_by":null,"url":"\/52-34.6\/"},{"id":77468,"section_number":"52-34.9","catch_line":"Activation of Blue Alert Program","order_by":null,"url":"\/52-34.9\/"}],"permalink":{"id":170853,"object_type":"law","relational_id":82227,"identifier":"19.2-60.1","token":"19.2\/5\/19.2-60.1","url":"\/19.2-60.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-60.1\/","token":"19.2\/5\/19.2-60.1","dublin_core":{"Title":"Use of unmanned aircraft systems by public bodies; search warrant required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-60.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> As used in this section, unless the context requires a different meaning:\n\t\t\t&#8220;Unmanned aircraft&#8221; means an aircraft that is operated without the possibility of human intervention from within or on the aircraft.\n\t\t\t&#8220;<span class=\"dictionary\">Unmanned aircraft system<\/span>&#8221; means an unmanned aircraft and associated elements, including communication links, sensing devices, and the components that control the unmanned aircraft. <a id=\"paragraph-294669\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-60.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> No state or local government department, agency, or instrumentality having <span class=\"dictionary\">jurisdiction<\/span> over criminal <span class=\"dictionary\">law<\/span> enforcement or regulatory violations, including but not limited to the Department of State Police, and no department of <span class=\"dictionary\">law<\/span> enforcement as defined in &#xA7; <a class=\"law\" title=\"Department of law enforcement\" href=\"\/15.2-836\/\">15.2-836<\/a> of any county, city, or town shall utilize an <span class=\"dictionary\">unmanned aircraft system<\/span> except during the execution of a <span class=\"dictionary\">search warrant<\/span> issued pursuant to this chapter or an administrative or inspection warrant issued pursuant to <span class=\"dictionary\">law<\/span>. <a id=\"paragraph-294670\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-60.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Notwithstanding the prohibition in this section, an <span class=\"dictionary\">unmanned aircraft system<\/span> may be deployed without a warrant (i) when an Amber Alert is activated pursuant to &#xA7; <a class=\"law\" title=\"Activation of Amber Alert Program upon an incident of child abduction\" href=\"\/52-34.3\/\">52-34.3<\/a>; (ii) when a Senior Alert is activated pursuant to &#xA7; <a class=\"law\" title=\"Activation of Senior Alert Program upon an incident of a missing senior adult\" href=\"\/52-34.6\/\">52-34.6<\/a>; (iii) when a Blue Alert is activated pursuant to &#xA7; <a class=\"law\" title=\"Activation of Blue Alert Program\" href=\"\/52-34.9\/\">52-34.9<\/a>; (iv) where use of an <span class=\"dictionary\">unmanned aircraft system<\/span> is determined to be necessary to alleviate an immediate danger to any person; (v) by a <span class=\"dictionary\">law<\/span>-enforcement officer, an employee of the Department of State Police, or an employee of a local <span class=\"dictionary\">law<\/span>-enforcement agency following an accident where a report is required pursuant to &#xA7; <a class=\"law\" title=\"Report by law-enforcement official investigating accident\" href=\"\/46.2-373\/\">46.2-373<\/a>, to survey the scene of such accident for the purpose of crash reconstruction and record the scene by photographic or video images; (vi) by the Department of Transportation when assisting a <span class=\"dictionary\">law<\/span>-enforcement officer to prepare a report pursuant to &#xA7; <a class=\"law\" title=\"Report by law-enforcement official investigating accident\" href=\"\/46.2-373\/\">46.2-373<\/a>; (vii) for training exercises related to such uses; (viii) if a person with legal authority consents to the warrantless search; (ix) by a <span class=\"dictionary\">law<\/span>-enforcement officer or an employee of a <span class=\"dictionary\">law<\/span>-enforcement agency to (a) aerially survey a primary residence of the subject of the <span class=\"dictionary\">arrest<\/span> warrant to formulate a plan to execute an existing <span class=\"dictionary\">arrest<\/span> warrant or <span class=\"dictionary\">capias<\/span> for a <span class=\"dictionary\">felony<\/span> <span class=\"dictionary\">offense<\/span> or (b) locate a person sought for <span class=\"dictionary\">arrest<\/span> when such person has fled from a <span class=\"dictionary\">law<\/span>-enforcement officer and a <span class=\"dictionary\">law<\/span>-enforcement officer remains in hot pursuit of such person; or (x) by a <span class=\"dictionary\">law<\/span>-enforcement officer investigating <span class=\"dictionary\">unmanned aircraft systems<\/span> surrounding or over property of the federal or state government, public critical infrastructure as defined in &#xA7; <a class=\"law\" title=\"Disaster relief assistance by out-of-state businesses and employees\" href=\"\/44-146.28_2\/\">44-146.28:2<\/a>, or nongovernment-operated prison or jail facilities. <a id=\"paragraph-294671\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-60.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The warrant requirements of this section shall not apply when such systems are utilized to support the Commonwealth or any locality for purposes other than <span class=\"dictionary\">law<\/span> enforcement, including damage assessment, traffic assessment, flood stage assessment, and wildfire assessment. Nothing herein shall prohibit use of <span class=\"dictionary\">unmanned aircraft systems<\/span> for private, commercial, or recreational use or solely for research and development purposes by institutions of higher education and other research organizations or institutions. <a id=\"paragraph-294672\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-60.1\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> <span class=\"dictionary\">Evidence<\/span> obtained through the utilization of an <span class=\"dictionary\">unmanned aircraft system<\/span> in violation of this section is not <span class=\"dictionary\">admissible<\/span> in any criminal or civil proceeding. <a id=\"paragraph-294673\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-60.1\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> In no case may a weaponized <span class=\"dictionary\">unmanned aircraft system<\/span> be deployed in the Commonwealth or its use facilitated in the Commonwealth by a state or local government department, agency, or instrumentality or department of <span class=\"dictionary\">law<\/span> enforcement in the Commonwealth except in operations at the Space Port and Naval\/Aegis facilities at Wallops Island. No weaponized <span class=\"dictionary\">unmanned aircraft systems<\/span> shall be construed to include such systems designed and used for the purpose of disabling another <span class=\"dictionary\">unmanned aircraft system<\/span>. <a id=\"paragraph-294674\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-60.1\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> Nothing herein shall apply to the Armed Forces of the United States or the Virginia National Guard while utilizing <span class=\"dictionary\">unmanned aircraft systems<\/span> during training required to maintain readiness for its federal mission or when facilitating training for other U.S. Department of Defense units. <a id=\"paragraph-294675\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-60.1\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nUSE OF UNMANNED AIRCRAFT SYSTEMS BY PUBLIC BODIES; SEARCH WARRANT REQUIRED (\u00a7\n19.2-60.1)\n\nA. As used in this section, unless the context requires a different meaning:\n\t\t\t&#8220;Unmanned aircraft&#8221; means an aircraft that is operated without\nthe possibility of human intervention from within or on the aircraft.\n\t\t\t&#8220;Unmanned aircraft system&#8221; means an unmanned aircraft and\nassociated elements, including communication links, sensing devices, and the\ncomponents that control the unmanned aircraft.\n\nB. No state or local government department, agency, or instrumentality having\njurisdiction over criminal law enforcement or regulatory violations, including\nbut not limited to the Department of State Police, and no department of law\nenforcement as defined in &#xA7; 15.2-836 of any county, city, or town shall\nutilize an unmanned aircraft system except during the execution of a search\nwarrant issued pursuant to this chapter or an administrative or inspection\nwarrant issued pursuant to law.\n\nC. Notwithstanding the prohibition in this section, an unmanned aircraft system\nmay be deployed without a warrant (i) when an Amber Alert is activated pursuant\nto &#xA7; 52-34.3; (ii) when a Senior Alert is activated pursuant to &#xA7;\n52-34.6; (iii) when a Blue Alert is activated pursuant to &#xA7; 52-34.9; (iv)\nwhere use of an unmanned aircraft system is determined to be necessary to\nalleviate an immediate danger to any person; (v) by a law-enforcement officer,\nan employee of the Department of State Police, or an employee of a local\nlaw-enforcement agency following an accident where a report is required pursuant\nto &#xA7; 46.2-373, to survey the scene of such accident for the purpose of\ncrash reconstruction and record the scene by photographic or video images; (vi)\nby the Department of Transportation when assisting a law-enforcement officer to\nprepare a report pursuant to &#xA7; 46.2-373; (vii) for training exercises\nrelated to such uses; (viii) if a person with legal authority consents to the\nwarrantless search; (ix) by a law-enforcement officer or an employee of a\nlaw-enforcement agency to (a) aerially survey a primary residence of the subject\nof the arrest warrant to formulate a plan to execute an existing arrest warrant\nor capias for a felony offense or (b) locate a person sought for arrest when\nsuch person has fled from a law-enforcement officer and a law-enforcement\nofficer remains in hot pursuit of such person; or (x) by a law-enforcement\nofficer investigating unmanned aircraft systems surrounding or over property of\nthe federal or state government, public critical infrastructure as defined in\n&#xA7; 44-146.28:2, or nongovernment-operated prison or jail facilities.\n\nD. The warrant requirements of this section shall not apply when such systems\nare utilized to support the Commonwealth or any locality for purposes other than\nlaw enforcement, including damage assessment, traffic assessment, flood stage\nassessment, and wildfire assessment. Nothing herein shall prohibit use of\nunmanned aircraft systems for private, commercial, or recreational use or solely\nfor research and development purposes by institutions of higher education and\nother research organizations or institutions.\n\nE. Evidence obtained through the utilization of an unmanned aircraft system in\nviolation of this section is not admissible in any criminal or civil proceeding.\n\nF. In no case may a weaponized unmanned aircraft system be deployed in the\nCommonwealth or its use facilitated in the Commonwealth by a state or local\ngovernment department, agency, or instrumentality or department of law\nenforcement in the Commonwealth except in operations at the Space Port and\nNaval\/Aegis facilities at Wallops Island. No weaponized unmanned aircraft\nsystems shall be construed to include such systems designed and used for the\npurpose of disabling another unmanned aircraft system.\n\nG. Nothing herein shall apply to the Armed Forces of the United States or the\nVirginia National Guard while utilizing unmanned aircraft systems during\ntraining required to maintain readiness for its federal mission or when\nfacilitating training for other U.S. Department of Defense units.\n\nHISTORY: 2015, cc. 764, 774; 2018, cc. 419, 546, 654; 2019, c. 781; 2025, c.\n400.","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}}