{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-60.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-60.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-60.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-60.html"}],"law_id":59469,"edition_id":1,"section_id":59469,"structure_id":15295,"section_number":"19.2-60","catch_line":"Motion for return of seized property and to suppress","history":"1975, c. 495.","full_text":"A person aggrieved by an allegedly unlawful search or seizure may move the court to return any seized property and to suppress it for use as evidence. The court shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted by a court of record, any seized property shall be restored as soon as practicable unless otherwise subject to lawful detention, and such property shall not be admissible in evidence at any hearing or trial. If the motion is granted by a court not of record, such property shall not be admissible in evidence at any hearing or trial before that court, but the ruling shall have no effect on any hearing or trial in a court of record.","order_by":null,"text":{"0":{"id":217925,"text":"A person aggrieved by an allegedly unlawful search or seizure may move the court to return any seized property and to suppress it for use as evidence. The court shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted by a court of record, any seized property shall be restored as soon as practicable unless otherwise subject to lawful detention, and such property shall not be admissible in evidence at any hearing or trial. If the motion is granted by a court not of record, such property shall not be admissible in evidence at any hearing or trial before that court, but the ruling shall have no effect on any hearing or trial in a court of record.","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":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},"next_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","url":"\/19.2-60.1\/","token":"19.2\/5\/19.2-60.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-60\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 495 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 1975 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":60251,"section_number":"19.2-45","catch_line":"Powers enumerated","order_by":null,"url":"\/19.2-45\/"}],"refers_to":false,"permalink":{"id":170849,"object_type":"law","relational_id":59469,"identifier":"19.2-60","token":"19.2\/5\/19.2-60","url":"\/19.2-60\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-60\/","token":"19.2\/5\/19.2-60","dublin_core":{"Title":"Motion for return of seized property and to suppress","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-60","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A person aggrieved by an allegedly unlawful search or seizure may move the court<\/span> to return any seized property and to suppress<\/span> it for use as evidence<\/span>. The court<\/span> shall receive evidence<\/span> on any issue<\/span> of fact<\/span> necessary to the decision of the motion<\/span>. If the motion<\/span> is granted by a court<\/span> of record, any seized property shall be restored as soon as practicable unless otherwise subject to lawful detention, and such property shall not be admissible<\/span> in evidence<\/span> at any hearing<\/span> or trial<\/span>. If the motion<\/span> is granted by a court<\/span> not of record, such property shall not be admissible<\/span> in evidence<\/span> at any hearing<\/span> or trial<\/span> before that court<\/span>, but the ruling shall have no effect on any hearing<\/span> or trial<\/span> in a court<\/span> of record.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMOTION FOR RETURN OF SEIZED PROPERTY AND TO SUPPRESS (\u00a7 19.2-60)\n\nA person aggrieved by an allegedly unlawful search or seizure may move the court\nto return any seized property and to suppress it for use as evidence. The court\nshall receive evidence on any issue of fact necessary to the decision of the\nmotion. If the motion is granted by a court of record, any seized property shall\nbe restored as soon as practicable unless otherwise subject to lawful detention,\nand such property shall not be admissible in evidence at any hearing or trial.\nIf the motion is granted by a court not of record, such property shall not be\nadmissible in evidence at any hearing or trial before that court, but the ruling\nshall have no effect on any hearing or trial in a court of record.\n\nHISTORY: 1975, c. 495.","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}}