{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-68.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-68.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-68.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-68.html"}],"law_id":75660,"edition_id":1,"section_id":75660,"structure_id":12802,"section_number":"19.2-68","catch_line":"Application for and issuance of order authorizing interception; contents of order; recording and retention of intercepted communications, applications and orders; notice to parties; introduction in evidence of information obtained","history":"Code 1950, \u00a7 19.1-89.8; 1973, c. 442; 1975, c. 495; 1976, c. 163; 1977, c. 335; 1979, c. 602; 1980, c. 244; 1988, c. 889; 2002, c. 91; 2005, c. 934; 2013, cc. 448, 664.","full_text":"A\n\nEach application for an order authorizing the interception of a wire, electronic or oral communication shall be made in writing upon oath or affirmation to the appropriate judge of competent jurisdiction and shall state the applicant’s authority to make such application. Each application shall be verified by the Attorney General to the best of his knowledge and belief and shall include the following information:1\n\nThe identity of the attorney for the Commonwealth and law-enforcement officer who requested the Attorney General to apply for such order;2\n\nA full and complete statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including (i) details as to the particular offense that has been, is being or is about to be committed, (ii) except as provided in subsection I, a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (iii) a particular description of the type of communications sought to be intercepted, (iv) the identity of the person, if known, committing the offense and whose communications are to be intercepted;3\n\nA full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;4\n\nA statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;5\n\nA full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept wire, electronic or oral communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application;6\n\nWhere the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results; and7\n\nIf authorization is requested for observation or monitoring by a police department of a county or city, by a sheriff’s office, or by law-enforcement officers of the United States, a statement containing the name of the police department, sheriff’s office, or United States agency and an explanation of the reasons such observation or monitoring is necessary.\n\t\t\t\tThe judge may require the applicant to furnish additional testimony or documentary evidence in support of the application.B\n\nUpon such application the judge may enter an ex parte order, as requested or as modified, authorizing interception of wire, electronic or oral communications if the judge determines on the basis of the facts submitted by the applicant that:1\n\nThere is probable cause for belief that an individual is committing, has committed or is about to commit an offense enumerated in § 19.2-66 of this chapter;2\n\nThere is probable cause for belief that particular communications concerning that offense will be obtained through such interception;3\n\nNormal investigative procedures have been tried and have failed, or reasonably appear to be unlikely to succeed if tried, or to be too dangerous; and interception under this chapter is the only alternative investigative procedure available;4\n\nExcept as provided in subsection I, there is probable cause for belief that the facilities from which, or the place where, the wire, electronic or oral communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person;5\n\nA wire, electronic or oral communication authorized to be intercepted pursuant to this section may be monitored at any location within the Commonwealth of Virginia.C\n\nEach order authorizing the interception of any wire, electronic or oral communication shall specify:1\n\nThe identity of the person, if known, whose communications are to be intercepted;2\n\nThe nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;3\n\nA particular description of the type of communication sought to be intercepted, and a statement of the particular offense enumerated in § 19.2-66 to which it relates;4\n\nThat such interception is to be conducted only by the Department of State Police;5\n\nIf observation or monitoring by the police department of a county or city, by a sheriff’s office, or by law-enforcement officers of the United States is authorized, only that police department, sheriff’s office, or agency or the officers from any police department of a town which originated the investigation leading to the application shall observe or monitor the interception; and6\n\nThe period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.\n\t\t\t\tAn order authorizing the interception of a wire, electronic or oral communication shall, upon request of the applicant, direct that a provider of wire or electronic communications service, landlord, custodian or other person shall furnish the Department of State Police forthwith all information, facilities and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian or person is providing the person whose communications are to be intercepted. Any provider of wire or electronic communications service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the Commonwealth for reasonable and actual expenses incurred in providing such facilities or assistance, to be paid out of the criminal fund.D\n\nNo order entered under this section may authorize the interception of any wire, electronic or oral communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than 30 days which period begins to run on the earlier of the day on which the investigative or law-enforcement officer begins to conduct an interception under the order or 10 days after the date of entry of the order. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection A of this section and the court’s making the findings required by subsection B of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than 30 days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in 30 days. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception.E\n\nWhenever an order authorizing interception is entered pursuant to this chapter, the order shall require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge shall require.F\n\n1. The contents of any wire, electronic or oral communication intercepted by any means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparable device. Should it not be possible to record the intercepted communication, a detailed resume of such communication shall forthwith be reduced to writing and filed with the court. The recording of the contents of any wire, electronic or oral communication under this subsection shall be done in such way as will protect the recording from editing or other alterations and shall not be duplicated except upon order of the court as hereafter provided. Immediately upon the expiration of the period of the order, or extensions thereof, such recording or detailed resume shall be made available to the judge issuing such order and sealed under his directions. Custody of any recordings or detailed resumes shall be vested with the court and shall not be destroyed for a period of 10 years from the date of the order and then only by direction of the court; provided, however, should any interception fail to reveal any information related to the offense or offenses for which it was authorized, such recording or resume shall be destroyed after the expiration of 60 days after the notice required by subdivision 4 of this subsection is served. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsections A and B of \u00a7 19.2-67 for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, electronic or oral communication or evidence derived therefrom under subsection C of \u00a7 19.2-67.2\n\nApplications made and orders granted or denied under this chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for 10 years.3\n\nAny violation of the provisions of this subsection may be punished as contempt of the issuing or denying court.4\n\nWithin a reasonable time but not later than 90 days after the filing of an application for an order of authorization which is denied or the termination of the period of an order or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in his discretion that is in the interest of justice, an inventory which shall include notice of:a\n\nThe fact of the entry of the order or the application;b\n\nThe date of the entry and the period of authorized interception, or the denial of the application;c\n\nThe fact that during the period wire, electronic or oral communications were or were not intercepted; andd\n\nThe fact that unless he files a motion with the court within 60 days after the service of notice upon him, the recordation or resume may be destroyed in accordance with subdivision 1 of this subsection.\n\t\t\t\t\tThe judge, upon the filing of a motion, shall make available to such person or his counsel for inspection the intercepted communications, applications and orders. The serving of the inventory required by this subsection may be postponed for additional periods, not to exceed 30 days each, upon the ex parte showing of good cause to a judge of competent jurisdiction.G\n\nThe contents of any intercepted wire, electronic or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in a state court unless each party to the communication and to such proceeding, not less than 10 days before the trial, hearing or proceeding, has been furnished with a copy of the court order, accompanying application under which the interception was authorized and the contents of any intercepted wire, electronic or oral communication that is to be used in any trial, hearing or other proceeding in a state court. This 10-day period may be waived by the judge if he finds that it was not possible to furnish the party with the above information 10 days before the trial, hearing or proceeding and that the party will not be prejudiced by the delay in receiving such information; provided that such information in any event shall be given prior to the day of the trial, and the inability to comply with such 10-day period shall be grounds for the granting of a continuance to either party.\n\t\t\tThe judge who considers an application for an interception under this chapter, whether issuing or denying the order, shall be disqualified from presiding at any trial resulting from or in any manner connected with such interception, regardless of whether the evidence acquired thereby is used in such trial.H\n\nAny aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the Commonwealth, or a political subdivision thereof, may move to suppress the contents of any intercepted wire, electronic or oral communication, or evidence derived therefrom, on the grounds that:1\n\nThe communication was unlawfully intercepted, or was not intercepted in compliance with this chapter; or2\n\nThe order of the authorization or approval under which it was intercepted is insufficient on its face; or3\n\nThe interception was not made in conformity with the order of authorization or approval; or4\n\nThe interception is not admissible into evidence in any trial, proceeding or hearing in a state court under the applicable rules of evidence.\n\t\t\t\tSuch motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted pursuant to subdivision 1, 2 or 3 of this subsection, the contents of the intercepted wire, electronic or oral communication or evidence derived therefrom shall be treated as having been obtained in violation of this chapter. The judge, upon the filing of such motion by the aggrieved person, shall make available to the aggrieved person, or his counsel, for inspection the intercepted communication.I\n\nThe requirements of subdivision 2 of subsection A and subdivision 4 of subsection B of this section relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if:1\n\nIn the case of an application with respect to the interception of an oral communication:a\n\nThe application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; andb\n\nThe judge finds that such specification is not practical; or2\n\nIn the case of an application with respect to a wire or electronic communication:a\n\nthe application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing of a purpose, on the part of that person, to thwart interception by changing facilities; andb\n\nthe judge finds that such purpose has been adequately shown.\n\t\t\t\t\tThe interception of a communication under an order issued pursuant to this subsection shall not begin until the facilities from which, or the place where, the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order issued pursuant to this subdivision 2 may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the Attorney General, shall decide the motion expeditiously.","order_by":null,"text":{"0":{"id":271699,"text":"Each application for an order authorizing the interception of a wire, electronic or oral communication shall be made in writing upon oath or affirmation to the appropriate judge of competent jurisdiction and shall state the applicant’s authority to make such application. Each application shall be verified by the Attorney General to the best of his knowledge and belief and shall include the following information:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":271700,"text":"The identity of the attorney for the Commonwealth and law-enforcement officer who requested the Attorney General to apply for such order;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":271701,"text":"A full and complete statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including (i) details as to the particular offense that has been, is being or is about to be committed, (ii) except as provided in subsection I, a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (iii) a particular description of the type of communications sought to be intercepted, (iv) the identity of the person, if known, committing the offense and whose communications are to be intercepted;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":271702,"text":"A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":271703,"text":"A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":271704,"text":"A full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept wire, electronic or oral communications involving any of the same persons, facilities or places specified in the application, and the action taken by the judge on each such application;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":271705,"text":"Where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results; and","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":271706,"text":"If authorization is requested for observation or monitoring by a police department of a county or city, by a sheriff’s office, or by law-enforcement officers of the United States, a statement containing the name of the police department, sheriff’s office, or United States agency and an explanation of the reasons such observation or monitoring is necessary.\n\t\t\t\tThe judge may require the applicant to furnish additional testimony or documentary evidence in support of the application.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":271707,"text":"Upon such application the judge may enter an ex parte order, as requested or as modified, authorizing interception of wire, electronic or oral communications if the judge determines on the basis of the facts submitted by the applicant that:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"B1"},"9":{"id":271708,"text":"There is probable cause for belief that an individual is committing, has committed or is about to commit an offense enumerated in § 19.2-66 of this chapter;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"10":{"id":271709,"text":"There is probable cause for belief that particular communications concerning that offense will be obtained through such interception;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"11":{"id":271710,"text":"Normal investigative procedures have been tried and have failed, or reasonably appear to be unlikely to succeed if tried, or to be too dangerous; and interception under this chapter is the only alternative investigative procedure available;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"12":{"id":271711,"text":"Except as provided in subsection I, there is probable cause for belief that the facilities from which, or the place where, the wire, electronic or oral communications are to be intercepted are being used, or are about to be used, in connection with the commission of such offense, or are leased to, listed in the name of, or commonly used by such person;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"13":{"id":271712,"text":"A wire, electronic or oral communication authorized to be intercepted pursuant to this section may be monitored at any location within the Commonwealth of Virginia.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"14":{"id":271713,"text":"Each order authorizing the interception of any wire, electronic or oral communication shall specify:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"C1"},"15":{"id":271714,"text":"The identity of the person, if known, whose communications are to be intercepted;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"16":{"id":271715,"text":"The nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"17":{"id":271716,"text":"A particular description of the type of communication sought to be intercepted, and a statement of the particular offense enumerated in § 19.2-66 to which it relates;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"18":{"id":271717,"text":"That such interception is to be conducted only by the Department of State Police;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"19":{"id":271718,"text":"If observation or monitoring by the police department of a county or city, by a sheriff’s office, or by law-enforcement officers of the United States is authorized, only that police department, sheriff’s office, or agency or the officers from any police department of a town which originated the investigation leading to the application shall observe or monitor the interception; and","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"20":{"id":271719,"text":"The period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.\n\t\t\t\tAn order authorizing the interception of a wire, electronic or oral communication shall, upon request of the applicant, direct that a provider of wire or electronic communications service, landlord, custodian or other person shall furnish the Department of State Police forthwith all information, facilities and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian or person is providing the person whose communications are to be intercepted. Any provider of wire or electronic communications service, landlord, custodian or other person furnishing such facilities or technical assistance shall be compensated therefor by the Commonwealth for reasonable and actual expenses incurred in providing such facilities or assistance, to be paid out of the criminal fund.","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"D"},"21":{"id":271720,"text":"No order entered under this section may authorize the interception of any wire, electronic or oral communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than 30 days which period begins to run on the earlier of the day on which the investigative or law-enforcement officer begins to conduct an interception under the order or 10 days after the date of entry of the order. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection A of this section and the court’s making the findings required by subsection B of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than 30 days. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in 30 days. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C6","next_prefix":"E"},"22":{"id":271721,"text":"Whenever an order authorizing interception is entered pursuant to this chapter, the order shall require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge shall require.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"23":{"id":271722,"text":"1. The contents of any wire, electronic or oral communication intercepted by any means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparable device. Should it not be possible to record the intercepted communication, a detailed resume of such communication shall forthwith be reduced to writing and filed with the court. The recording of the contents of any wire, electronic or oral communication under this subsection shall be done in such way as will protect the recording from editing or other alterations and shall not be duplicated except upon order of the court as hereafter provided. Immediately upon the expiration of the period of the order, or extensions thereof, such recording or detailed resume shall be made available to the judge issuing such order and sealed under his directions. Custody of any recordings or detailed resumes shall be vested with the court and shall not be destroyed for a period of 10 years from the date of the order and then only by direction of the court; provided, however, should any interception fail to reveal any information related to the offense or offenses for which it was authorized, such recording or resume shall be destroyed after the expiration of 60 days after the notice required by subdivision 4 of this subsection is served. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsections A and B of \u00a7 19.2-67 for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, electronic or oral communication or evidence derived therefrom under subsection C of \u00a7 19.2-67.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F2"},"24":{"id":271723,"text":"Applications made and orders granted or denied under this chapter shall be sealed by the judge. Custody of the applications and orders shall be wherever the judge directs. Such applications and orders shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction and shall not be destroyed except on order of the issuing or denying judge, and in any event shall be kept for 10 years.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F","next_prefix":"F3"},"25":{"id":271724,"text":"Any violation of the provisions of this subsection may be punished as contempt of the issuing or denying court.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"26":{"id":271725,"text":"Within a reasonable time but not later than 90 days after the filing of an application for an order of authorization which is denied or the termination of the period of an order or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in his discretion that is in the interest of justice, an inventory which shall include notice of:","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"F4a"},"27":{"id":271726,"text":"The fact of the entry of the order or the application;","type":"section","prefixes":["F","4","a"],"prefix":"a","entire_prefix":"F4a","prefix_anchor":"F4a","level":3,"prior_prefix":"F4","next_prefix":"F4b"},"28":{"id":271727,"text":"The date of the entry and the period of authorized interception, or the denial of the application;","type":"section","prefixes":["F","4","b"],"prefix":"b","entire_prefix":"F4b","prefix_anchor":"F4b","level":3,"prior_prefix":"F4a","next_prefix":"F4c"},"29":{"id":271728,"text":"The fact that during the period wire, electronic or oral communications were or were not intercepted; and","type":"section","prefixes":["F","4","c"],"prefix":"c","entire_prefix":"F4c","prefix_anchor":"F4c","level":3,"prior_prefix":"F4b","next_prefix":"F4d"},"30":{"id":271729,"text":"The fact that unless he files a motion with the court within 60 days after the service of notice upon him, the recordation or resume may be destroyed in accordance with subdivision 1 of this subsection.\n\t\t\t\t\tThe judge, upon the filing of a motion, shall make available to such person or his counsel for inspection the intercepted communications, applications and orders. The serving of the inventory required by this subsection may be postponed for additional periods, not to exceed 30 days each, upon the ex parte showing of good cause to a judge of competent jurisdiction.","type":"section","prefixes":["F","4","d"],"prefix":"d","entire_prefix":"F4d","prefix_anchor":"F4d","level":3,"prior_prefix":"F4c","next_prefix":"G"},"31":{"id":271730,"text":"The contents of any intercepted wire, electronic or oral communication or evidence derived therefrom shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in a state court unless each party to the communication and to such proceeding, not less than 10 days before the trial, hearing or proceeding, has been furnished with a copy of the court order, accompanying application under which the interception was authorized and the contents of any intercepted wire, electronic or oral communication that is to be used in any trial, hearing or other proceeding in a state court. This 10-day period may be waived by the judge if he finds that it was not possible to furnish the party with the above information 10 days before the trial, hearing or proceeding and that the party will not be prejudiced by the delay in receiving such information; provided that such information in any event shall be given prior to the day of the trial, and the inability to comply with such 10-day period shall be grounds for the granting of a continuance to either party.\n\t\t\tThe judge who considers an application for an interception under this chapter, whether issuing or denying the order, shall be disqualified from presiding at any trial resulting from or in any manner connected with such interception, regardless of whether the evidence acquired thereby is used in such trial.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F4d","next_prefix":"H"},"32":{"id":271731,"text":"Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the Commonwealth, or a political subdivision thereof, may move to suppress the contents of any intercepted wire, electronic or oral communication, or evidence derived therefrom, on the grounds that:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"H1"},"33":{"id":271732,"text":"The communication was unlawfully intercepted, or was not intercepted in compliance with this chapter; or","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"34":{"id":271733,"text":"The order of the authorization or approval under which it was intercepted is insufficient on its face; or","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"H3"},"35":{"id":271734,"text":"The interception was not made in conformity with the order of authorization or approval; or","type":"section","prefixes":["H","3"],"prefix":"3","entire_prefix":"H3","prefix_anchor":"H3","level":2,"prior_prefix":"H2","next_prefix":"H4"},"36":{"id":271735,"text":"The interception is not admissible into evidence in any trial, proceeding or hearing in a state court under the applicable rules of evidence.\n\t\t\t\tSuch motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted pursuant to subdivision 1, 2 or 3 of this subsection, the contents of the intercepted wire, electronic or oral communication or evidence derived therefrom shall be treated as having been obtained in violation of this chapter. The judge, upon the filing of such motion by the aggrieved person, shall make available to the aggrieved person, or his counsel, for inspection the intercepted communication.","type":"section","prefixes":["H","4"],"prefix":"4","entire_prefix":"H4","prefix_anchor":"H4","level":2,"prior_prefix":"H3","next_prefix":"I"},"37":{"id":271736,"text":"The requirements of subdivision 2 of subsection A and subdivision 4 of subsection B of this section relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H4","next_prefix":"I1"},"38":{"id":271737,"text":"In the case of an application with respect to the interception of an oral communication:","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I1a"},"39":{"id":271738,"text":"The application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense and whose communications are to be intercepted; and","type":"section","prefixes":["I","1","a"],"prefix":"a","entire_prefix":"I1a","prefix_anchor":"I1a","level":3,"prior_prefix":"I1","next_prefix":"I1b"},"40":{"id":271739,"text":"The judge finds that such specification is not practical; or","type":"section","prefixes":["I","1","b"],"prefix":"b","entire_prefix":"I1b","prefix_anchor":"I1b","level":3,"prior_prefix":"I1a","next_prefix":"I2"},"41":{"id":271740,"text":"In the case of an application with respect to a wire or electronic communication:","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1b","next_prefix":"I2a"},"42":{"id":271741,"text":"the application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing of a purpose, on the part of that person, to thwart interception by changing facilities; and","type":"section","prefixes":["I","2","a"],"prefix":"a","entire_prefix":"I2a","prefix_anchor":"I2a","level":3,"prior_prefix":"I2","next_prefix":"I2b"},"43":{"id":271742,"text":"the judge finds that such purpose has been adequately shown.\n\t\t\t\t\tThe interception of a communication under an order issued pursuant to this subsection shall not begin until the facilities from which, or the place where, the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications service that has received an order issued pursuant to this subdivision 2 may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the Attorney General, shall decide the motion expeditiously.","type":"section","prefixes":["I","2","b"],"prefix":"b","entire_prefix":"I2b","prefix_anchor":"I2b","level":3,"prior_prefix":"I2a"}},"ancestry":[{"id":12802,"edition_id":1,"name":"Interception of Wire, Electronic or Oral Communications","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":170861,"object_type":"structure","relational_id":12802,"identifier":"6","token":"19.2\/6","url":"\/19.2\/6\/","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":53969,"structure_id":12802,"section_number":"19.2-61","catch_line":"Definitions","url":"\/19.2-61\/","token":"19.2\/6\/19.2-61","metadata":false},{"id":60300,"structure_id":12802,"section_number":"19.2-62","catch_line":"Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions","url":"\/19.2-62\/","token":"19.2\/6\/19.2-62","metadata":false},{"id":63623,"structure_id":12802,"section_number":"19.2-63","catch_line":"Manufacture, possession, sale or advertising of certain devices unlawful; penalties; exceptions","url":"\/19.2-63\/","token":"19.2\/6\/19.2-63","metadata":false},{"id":87215,"structure_id":12802,"section_number":"19.2-63.1","catch_line":"Supervision and control of devices; unauthorized possession","url":"\/19.2-63.1\/","token":"19.2\/6\/19.2-63.1","metadata":false},{"id":67905,"structure_id":12802,"section_number":"19.2-64","catch_line":"Forfeiture of unlawful devices","url":"\/19.2-64\/","token":"19.2\/6\/19.2-64","metadata":false},{"id":79412,"structure_id":12802,"section_number":"19.2-65","catch_line":"When intercepted communications and evidence derived therefrom not to be received in evidence","url":"\/19.2-65\/","token":"19.2\/6\/19.2-65","metadata":false},{"id":70476,"structure_id":12802,"section_number":"19.2-66","catch_line":"When Attorney General or Chief Deputy Attorney General may apply for order authorizing interception of communications","url":"\/19.2-66\/","token":"19.2\/6\/19.2-66","metadata":false},{"id":75148,"structure_id":12802,"section_number":"19.2-67","catch_line":"Disclosure of information obtained by authorized means","url":"\/19.2-67\/","token":"19.2\/6\/19.2-67","metadata":false},{"id":75660,"structure_id":12802,"section_number":"19.2-68","catch_line":"Application for and issuance of order authorizing interception; contents of order; recording and retention of intercepted communications, applications and orders; notice to parties; introduction in evidence of information obtained","url":"\/19.2-68\/","token":"19.2\/6\/19.2-68","metadata":false},{"id":57482,"structure_id":12802,"section_number":"19.2-69","catch_line":"Civil action for unlawful interception, disclosure, or use","url":"\/19.2-69\/","token":"19.2\/6\/19.2-69","metadata":false},{"id":84369,"structure_id":12802,"section_number":"19.2-70","catch_line":"Reports to be filed by courts and Attorney General","url":"\/19.2-70\/","token":"19.2\/6\/19.2-70","metadata":false},{"id":72378,"structure_id":12802,"section_number":"19.2-70.1","catch_line":"General prohibition on pen register and trap and trace device use; exceptions","url":"\/19.2-70.1\/","token":"19.2\/6\/19.2-70.1","metadata":false},{"id":80598,"structure_id":12802,"section_number":"19.2-70.2","catch_line":"Application for and issuance of order for a pen register or trap and trace device; assistance in installation and use","url":"\/19.2-70.2\/","token":"19.2\/6\/19.2-70.2","metadata":false},{"id":56012,"structure_id":12802,"section_number":"19.2-70.3","catch_line":"Obtaining records concerning electronic communication service or remote computing service","url":"\/19.2-70.3\/","token":"19.2\/6\/19.2-70.3","metadata":false}],"previous_section":{"id":75148,"structure_id":12802,"section_number":"19.2-67","catch_line":"Disclosure of information obtained by authorized means","url":"\/19.2-67\/","token":"19.2\/6\/19.2-67","metadata":false},"next_section":{"id":57482,"structure_id":12802,"section_number":"19.2-69","catch_line":"Civil action for unlawful interception, disclosure, or use","url":"\/19.2-69\/","token":"19.2\/6\/19.2-69","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-68\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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 1973, chapter 442; in 1975, chapter 495; in 1976, chapter 163; in 1977, chapter 335; in 1979, chapter 602; in 1980, chapter 244; in 1988, chapter 889; in 2002, chapter 91<\/a>; in 2005, chapter 934<\/a>; in 2013, chapters 448<\/a> and 664<\/a>.<\/p>","references":[{"id":70476,"section_number":"19.2-66","catch_line":"When Attorney General or Chief Deputy Attorney General may apply for order authorizing interception of communications","order_by":null,"url":"\/19.2-66\/"},{"id":84369,"section_number":"19.2-70","catch_line":"Reports to be filed by courts and Attorney General","order_by":null,"url":"\/19.2-70\/"}],"refers_to":[{"id":70476,"section_number":"19.2-66","catch_line":"When Attorney General or Chief Deputy Attorney General may apply for order authorizing interception of communications","order_by":null,"url":"\/19.2-66\/"},{"id":75148,"section_number":"19.2-67","catch_line":"Disclosure of information obtained by authorized means","order_by":null,"url":"\/19.2-67\/"}],"permalink":{"id":170895,"object_type":"law","relational_id":75660,"identifier":"19.2-68","token":"19.2\/6\/19.2-68","url":"\/19.2-68\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-68\/","token":"19.2\/6\/19.2-68","dublin_core":{"Title":"Application for and issuance of order authorizing interception; contents of order; recording and retention of intercepted communications, applications and orders; notice to parties; introduction in evidence of information obtained","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-68","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Each application for an order<\/span> authorizing the interception of a wire, electronic or oral communication<\/span> shall be made in writing upon oath<\/span> or affirmation to the appropriate judge of competent jurisdiction<\/span> and shall state the applicant’s authority to make such application. Each application shall be verified by the Attorney General<\/span> to the best of his knowledge and belief and shall include the following information: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The identity of the attorney for the Commonwealth and law<\/span>-enforcement officer who requested the Attorney General<\/span> to apply for such order<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A full and complete statement of the facts<\/span> and circumstances relied upon by the applicant to justify his belief that an order<\/span> should be issued, including (i) details as to the particular offense<\/span> that has been, is being or is about to be committed, (ii) except as provided in subsection I, a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (iii) a particular description of the type of communications sought to be intercepted, (iv) the identity of the person<\/span>, if known, committing the offense<\/span> and whose communications are to be intercepted; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts<\/span> establishing probable cause<\/span> to believe that additional communications of the same type will occur thereafter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A full and complete statement of the facts<\/span> concerning all previous applications known to the individual authorizing and making the application, made to any judge for authorization to intercept<\/span> wire, electronic or oral communications<\/span> involving any of the same persons<\/span>, facilities or places specified in the application, and the action taken by the judge on each such application; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Where the application is for the extension of an order<\/span>, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> If authorization is requested for observation or monitoring<\/span> by a police department of a county or city, by a sheriff’s office, or by law<\/span>-enforcement officers of the United States, a statement containing the name of the police department, sheriff’s office, or United States agency and an explanation of the reasons such observation or monitoring<\/span> is necessary.\n\t\t\t\tThe judge may require the applicant to furnish additional testimony<\/span> or documentary evidence<\/span> in support of the application. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon such application the judge may enter an ex parte<\/span> order<\/span>, as requested or as modified, authorizing interception of wire, electronic or oral communications<\/span> if the judge determines on the basis of the facts<\/span> submitted by the applicant that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> There is probable cause<\/span> for belief that an individual is committing, has committed or is about to commit an offense<\/span> enumerated in § 19.2-66<\/a> of this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> There is probable cause<\/span> for belief that particular communications concerning that offense<\/span> will be obtained through such interception; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Normal investigative procedures have been tried and have failed, or reasonably appear to be unlikely to succeed if tried, or to be too dangerous; and interception under this chapter is the only alternative investigative procedure available; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Except as provided in subsection I, there is probable cause<\/span> for belief that the facilities from which, or the place where, the wire, electronic or oral communications<\/span> are to be intercepted are being used, or are about to be used, in connection with the commission of such offense<\/span>, or are leased to, listed in the name of, or commonly used by such person<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A wire, electronic or oral communication<\/span> authorized to be intercepted pursuant to this section may be monitored at any location within the Commonwealth of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Each order<\/span> authorizing the interception of any wire, electronic or oral communication<\/span> shall specify: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The identity of the person<\/span>, if known, whose communications are to be intercepted; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The nature and location of the communications facilities as to which, or the place where, authority to intercept<\/span> is granted; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A particular description of the type of communication sought to be intercepted, and a statement of the particular offense<\/span> enumerated in § 19.2-66<\/a> to which it relates; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> That such interception is to be conducted only by the Department of State Police; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> If observation or monitoring<\/span> by the police department of a county or city, by a sheriff’s office, or by law<\/span>-enforcement officers of the United States is authorized, only that police department, sheriff’s office, or agency or the officers from any police department of a town which originated the investigation leading to the application shall observe or monitor<\/span> the interception; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.\n\t\t\t\tAn order<\/span> authorizing the interception of a wire, electronic or oral communication<\/span> shall, upon request of the applicant, direct that a provider of wire or electronic communications<\/span> service, landlord, custodian or other person<\/span> shall furnish the Department of State Police forthwith all information, facilities and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian or person<\/span> is providing the person<\/span> whose communications are to be intercepted. Any provider of wire or electronic communications<\/span> service, landlord, custodian or other person<\/span> furnishing such facilities or technical assistance shall be compensated therefor by the Commonwealth for reasonable and actual expenses incurred in providing such facilities or assistance, to be paid out of the criminal fund. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No order<\/span> entered under this section may authorize the interception of any wire, electronic or oral communication<\/span> for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than 30 days which period begins to run on the earlier of the day on which the investigative or law<\/span>-enforcement officer<\/span> begins to conduct an interception under the order<\/span> or 10 days after the date of entry of the order<\/span>. Extensions of an order<\/span> may be granted, but only upon application for an extension made in accordance with subsection A of this section and the court<\/span>’s making the findings<\/span> required by subsection B of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purposes for which it was granted and in no event for longer than 30 days. Every order<\/span> and extension thereof shall contain a provision that the authorization to intercept<\/span> shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this chapter, and must terminate upon attainment of the authorized objective, or in any event in 30 days. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language or code is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Whenever an order<\/span> authorizing interception is entered pursuant to this chapter, the order<\/span> shall require reports to be made to the judge who issued the order<\/span> showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge shall require. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> 1. The contents<\/span> of any wire, electronic or oral communication<\/span> intercepted by any means authorized by this chapter shall, if possible, be recorded on tape or wire or other comparable device. Should it not be possible to record the intercepted communication, a detailed resume of such communication shall forthwith be reduced to writing and filed with the court<\/span>. The recording of the contents<\/span> of any wire, electronic or oral communication<\/span> under this subsection shall be done in such way as will protect the recording from editing or other alterations and shall not be duplicated except upon order<\/span> of the court<\/span> as hereafter provided. Immediately upon the expiration of the period of the order<\/span>, or extensions thereof, such recording or detailed resume shall be made available to the judge issuing such order<\/span> and sealed<\/span> under his directions. Custody<\/span> of any recordings or detailed resumes shall be vested with the court<\/span> and shall not be destroyed for a period of 10 years from the date of the order<\/span> and then only by direction of the court<\/span>; provided, however, should any interception fail to reveal any information related to the offense<\/span> or offenses<\/span> for which it was authorized, such recording or resume shall be destroyed after the expiration of 60 days after the notice required by subdivision 4 of this subsection is served. Duplicate recordings may be made for use or disclosure pursuant to the provisions of subsections A and B of \u00a7 19.2-67<\/a> for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents<\/span> of any wire, electronic or oral communication<\/span> or evidence<\/span> derived therefrom under subsection C of \u00a7 19.2-67<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Applications made and orders<\/span> granted or denied under this chapter shall be sealed<\/span> by the judge. Custody<\/span> of the applications and orders<\/span> shall be wherever the judge directs. Such applications and orders<\/span> shall be disclosed only upon a showing of good cause before a judge of competent jurisdiction<\/span> and shall not be destroyed except on order<\/span> of the issuing or denying judge, and in any event shall be kept for 10 years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any violation of the provisions of this subsection may be punished as contempt<\/span> of the issuing or denying court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Within a reasonable time but not later than 90 days after the filing of an application for an order<\/span> of authorization which is denied or the termination of the period of an order<\/span> or extensions thereof, the issuing or denying judge shall cause to be served, on the persons<\/span> named in the order<\/span> or the application, and such other parties to intercepted communications as the judge may determine in his discretion that is in the interest of justice, an inventory which shall include notice of: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> The fact<\/span> of the entry of the order<\/span> or the application; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> The date of the entry and the period of authorized interception, or the denial of the application; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> The fact<\/span> that during the period wire, electronic or oral communications<\/span> were or were not intercepted; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> The fact<\/span> that unless he files a motion<\/span> with the court<\/span> within 60 days after the service of notice upon him, the recordation or resume may be destroyed in accordance with subdivision 1 of this subsection.\n\t\t\t\t\tThe judge, upon the filing of a motion<\/span>, shall make available to such person<\/span> or his counsel<\/span> for inspection the intercepted communications, applications and orders<\/span>. The serving of the inventory required by this subsection may be postponed for additional periods, not to exceed 30 days each, upon the ex parte<\/span> showing of good cause to a judge of competent jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The contents<\/span> of any intercepted wire, electronic or oral communication<\/span> or evidence<\/span> derived therefrom shall not be received in evidence<\/span> or otherwise disclosed in any trial<\/span>, hearing<\/span> or other proceeding in a state court unless each party<\/span> to the communication and to such proceeding, not less than 10 days before the trial<\/span>, hearing<\/span> or proceeding, has been furnished with a copy of the court order<\/span>, accompanying application under which the interception was authorized and the contents<\/span> of any intercepted wire, electronic or oral communication<\/span> that is to be used in any trial<\/span>, hearing<\/span> or other proceeding in a state court. This 10-day period may be waived by the judge if he finds that it was not possible to furnish the party<\/span> with the above information 10 days before the trial<\/span>, hearing<\/span> or proceeding and that the party<\/span> will not be prejudiced by the delay in receiving such information; provided that such information in any event shall be given prior to the day of the trial<\/span>, and the inability to comply with such 10-day period shall be grounds for the granting of a continuance<\/span> to either party<\/span>.\n\t\t\tThe judge who considers an application for an interception under this chapter, whether issuing or denying the order, shall be disqualified from presiding at any trial<\/span> resulting from or in any manner connected with such interception, regardless of whether the evidence<\/span> acquired thereby is used in such trial<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any aggrieved person<\/span> in any trial<\/span>, hearing<\/span> or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the Commonwealth, or a political subdivision thereof, may move to suppress<\/span> the contents<\/span> of any intercepted wire, electronic or oral communication<\/span>, or evidence<\/span> derived therefrom, on the grounds that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The communication was unlawfully intercepted, or was not intercepted in compliance with this chapter; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The order of the authorization or approval under which it was intercepted is insufficient on its face; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The interception was not made in conformity with the order of authorization or approval; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The interception is not admissible<\/span> into evidence<\/span> in any trial<\/span>, proceeding or hearing<\/span> in a state court under the applicable rules of evidence<\/span>.\n\t\t\t\tSuch motion<\/span> shall be made before the trial<\/span>, hearing<\/span> or proceeding unless there was no opportunity to make such motion<\/span> or the person was not aware of the grounds of the motion<\/span>. If the motion<\/span> is granted pursuant to subdivision 1, 2 or 3 of this subsection, the contents<\/span> of the intercepted wire, electronic or oral communication<\/span> or evidence<\/span> derived therefrom shall be treated as having been obtained in violation of this chapter. The judge, upon the filing of such motion<\/span> by the aggrieved person<\/span>, shall make available to the aggrieved person<\/span>, or his counsel<\/span>, for inspection the intercepted communication. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The requirements of subdivision 2 of subsection A and subdivision 4 of subsection B of this section relating to the specification of the facilities from which, or the place where, the communication is to be intercepted do not apply if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In the case of an application with respect to the interception of an oral communication<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> The application contains a full and complete statement as to why such specification is not practical and identifies the person committing the offense<\/span> and whose communications are to be intercepted; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> The judge finds that such specification is not practical; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In the case of an application with respect to a wire or electronic communication<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> the application identifies the person believed to be committing the offense<\/span> and whose communications are to be intercepted and the applicant makes a showing of a purpose, on the part of that person, to thwart interception by changing facilities; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> the judge finds that such purpose has been adequately shown.\n\t\t\t\t\tThe interception of a communication under an order issued pursuant to this subsection shall not begin until the facilities from which, or the place where, the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communications<\/span> service that has received an order issued pursuant to this subdivision 2 may move the court to modify or quash<\/span> the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the Attorney General<\/span>, shall decide the motion<\/span> expeditiously. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICATION FOR AND ISSUANCE OF ORDER AUTHORIZING INTERCEPTION; CONTENTS OF\nORDER; RECORDING AND RETENTION OF INTERCEPTED COMMUNICATIONS, APPLICATIONS AND\nORDERS; NOTICE TO PARTIES; INTRODUCTION IN EVIDENCE OF INFORMATION OBTAINED (\u00a7\n19.2-68)\n\nA. Each application for an order authorizing the interception of a wire,\nelectronic or oral communication shall be made in writing upon oath or\naffirmation to the appropriate judge of competent jurisdiction and shall state\nthe applicant’s authority to make such application. Each application shall\nbe verified by the Attorney General to the best of his knowledge and belief and\nshall include the following information:\n\n 1. The identity of the attorney for the Commonwealth and law-enforcement\n officer who requested the Attorney General to apply for such order;\n\n 2. A full and complete statement of the facts and circumstances relied upon by\n the applicant to justify his belief that an order should be issued, including\n (i) details as to the particular offense that has been, is being or is about\n to be committed, (ii) except as provided in subsection I, a particular\n description of the nature and location of the facilities from which or the\n place where the communication is to be intercepted, (iii) a particular\n description of the type of communications sought to be intercepted, (iv) the\n identity of the person, if known, committing the offense and whose\n communications are to be intercepted;\n\n 3. A full and complete statement as to whether or not other investigative\n procedures have been tried and failed or why they reasonably appear to be\n unlikely to succeed if tried or to be too dangerous;\n\n 4. A statement of the period of time for which the interception is required to\n be maintained. If the nature of the investigation is such that the\n authorization for interception should not automatically terminate when the\n described type of communication has been first obtained, a particular\n description of facts establishing probable cause to believe that additional\n communications of the same type will occur thereafter;\n\n 5. A full and complete statement of the facts concerning all previous\n applications known to the individual authorizing and making the application,\n made to any judge for authorization to intercept wire, electronic or oral\n communications involving any of the same persons, facilities or places\n specified in the application, and the action taken by the judge on each such\n application;\n\n 6. Where the application is for the extension of an order, a statement setting\n forth the results thus far obtained from the interception, or a reasonable\n explanation of the failure to obtain such results; and\n\n 7. If authorization is requested for observation or monitoring by a police\n department of a county or city, by a sheriff’s office, or by\n law-enforcement officers of the United States, a statement containing the name\n of the police department, sheriff’s office, or United States agency and\n an explanation of the reasons such observation or monitoring is necessary.\n \t\t\t\tThe judge may require the applicant to furnish additional testimony or\n documentary evidence in support of the application.\n\nB. Upon such application the judge may enter an ex parte order, as requested or\nas modified, authorizing interception of wire, electronic or oral communications\nif the judge determines on the basis of the facts submitted by the applicant\nthat:\n\n 1. There is probable cause for belief that an individual is committing, has\n committed or is about to commit an offense enumerated in § 19.2-66 of\n this chapter;\n\n 2. There is probable cause for belief that particular communications\n concerning that offense will be obtained through such interception;\n\n 3. Normal investigative procedures have been tried and have failed, or\n reasonably appear to be unlikely to succeed if tried, or to be too dangerous;\n and interception under this chapter is the only alternative investigative\n procedure available;\n\n 4. Except as provided in subsection I, there is probable cause for belief that\n the facilities from which, or the place where, the wire, electronic or oral\n communications are to be intercepted are being used, or are about to be used,\n in connection with the commission of such offense, or are leased to, listed in\n the name of, or commonly used by such person;\n\n 5. A wire, electronic or oral communication authorized to be intercepted\n pursuant to this section may be monitored at any location within the\n Commonwealth of Virginia.\n\nC. Each order authorizing the interception of any wire, electronic or oral\ncommunication shall specify:\n\n 1. The identity of the person, if known, whose communications are to be\n intercepted;\n\n 2. The nature and location of the communications facilities as to which, or\n the place where, authority to intercept is granted;\n\n 3. A particular description of the type of communication sought to be\n intercepted, and a statement of the particular offense enumerated in §\n 19.2-66 to which it relates;\n\n 4. That such interception is to be conducted only by the Department of State\n Police;\n\n 5. If observation or monitoring by the police department of a county or city,\n by a sheriff’s office, or by law-enforcement officers of the United\n States is authorized, only that police department, sheriff’s office, or\n agency or the officers from any police department of a town which originated\n the investigation leading to the application shall observe or monitor the\n interception; and\n\n 6. The period of time during which such interception is authorized, including\n a statement as to whether or not the interception shall automatically\n terminate when the described communication has been first obtained.\n \t\t\t\tAn order authorizing the interception of a wire, electronic or oral\n communication shall, upon request of the applicant, direct that a provider of\n wire or electronic communications service, landlord, custodian or other person\n shall furnish the Department of State Police forthwith all information,\n facilities and technical assistance necessary to accomplish the interception\n unobtrusively and with a minimum of interference with the services that such\n service provider, landlord, custodian or person is providing the person whose\n communications are to be intercepted. Any provider of wire or electronic\n communications service, landlord, custodian or other person furnishing such\n facilities or technical assistance shall be compensated therefor by the\n Commonwealth for reasonable and actual expenses incurred in providing such\n facilities or assistance, to be paid out of the criminal fund.\n\nD. No order entered under this section may authorize the interception of any\nwire, electronic or oral communication for any period longer than is necessary\nto achieve the objective of the authorization, nor in any event longer than 30\ndays which period begins to run on the earlier of the day on which the\ninvestigative or law-enforcement officer begins to conduct an interception under\nthe order or 10 days after the date of entry of the order. Extensions of an\norder may be granted, but only upon application for an extension made in\naccordance with subsection A of this section and the court’s making the\nfindings required by subsection B of this section. The period of extension shall\nbe no longer than the authorizing judge deems necessary to achieve the purposes\nfor which it was granted and in no event for longer than 30 days. Every order\nand extension thereof shall contain a provision that the authorization to\nintercept shall be executed as soon as practicable, shall be conducted in such a\nway as to minimize the interception of communications not otherwise subject to\ninterception under this chapter, and must terminate upon attainment of the\nauthorized objective, or in any event in 30 days. In the event the intercepted\ncommunication is in a code or foreign language, and an expert in that foreign\nlanguage or code is not reasonably available during the interception period,\nminimization may be accomplished as soon as practicable after such interception.\n\nE. Whenever an order authorizing interception is entered pursuant to this\nchapter, the order shall require reports to be made to the judge who issued the\norder showing what progress has been made toward achievement of the authorized\nobjective and the need for continued interception. Such reports shall be made at\nsuch intervals as the judge shall require.\n\nF. 1. The contents of any wire, electronic or oral communication intercepted by\nany means authorized by this chapter shall, if possible, be recorded on tape or\nwire or other comparable device. Should it not be possible to record the\nintercepted communication, a detailed resume of such communication shall\nforthwith be reduced to writing and filed with the court. The recording of the\ncontents of any wire, electronic or oral communication under this subsection\nshall be done in such way as will protect the recording from editing or other\nalterations and shall not be duplicated except upon order of the court as\nhereafter provided. Immediately upon the expiration of the period of the order,\nor extensions thereof, such recording or detailed resume shall be made available\nto the judge issuing such order and sealed under his directions. Custody of any\nrecordings or detailed resumes shall be vested with the court and shall not be\ndestroyed for a period of 10 years from the date of the order and then only by\ndirection of the court; provided, however, should any interception fail to\nreveal any information related to the offense or offenses for which it was\nauthorized, such recording or resume shall be destroyed after the expiration of\n60 days after the notice required by subdivision 4 of this subsection is served.\nDuplicate recordings may be made for use or disclosure pursuant to the\nprovisions of subsections A and B of \u00a7 19.2-67 for investigations. The presence\nof the seal provided for by this subsection, or a satisfactory explanation for\nthe absence thereof, shall be a prerequisite for the use or disclosure of the\ncontents of any wire, electronic or oral communication or evidence derived\ntherefrom under subsection C of \u00a7 19.2-67.\n\n 2. Applications made and orders granted or denied under this chapter shall be\n sealed by the judge. Custody of the applications and orders shall be wherever\n the judge directs. Such applications and orders shall be disclosed only upon a\n showing of good cause before a judge of competent jurisdiction and shall not\n be destroyed except on order of the issuing or denying judge, and in any event\n shall be kept for 10 years.\n\n 3. Any violation of the provisions of this subsection may be punished as\n contempt of the issuing or denying court.\n\n 4. Within a reasonable time but not later than 90 days after the filing of an\n application for an order of authorization which is denied or the termination\n of the period of an order or extensions thereof, the issuing or denying judge\n shall cause to be served, on the persons named in the order or the\n application, and such other parties to intercepted communications as the judge\n may determine in his discretion that is in the interest of justice, an\n inventory which shall include notice of:\n\n a. The fact of the entry of the order or the application;\n\n b. The date of the entry and the period of authorized interception, or the\n denial of the application;\n\n c. The fact that during the period wire, electronic or oral communications\n were or were not intercepted; and\n\n d. The fact that unless he files a motion with the court within 60 days\n after the service of notice upon him, the recordation or resume may be\n destroyed in accordance with subdivision 1 of this subsection.\n \t\t\t\t\tThe judge, upon the filing of a motion, shall make available to such\n person or his counsel for inspection the intercepted communications,\n applications and orders. The serving of the inventory required by this\n subsection may be postponed for additional periods, not to exceed 30 days\n each, upon the ex parte showing of good cause to a judge of competent\n jurisdiction.\n\nG. The contents of any intercepted wire, electronic or oral communication or\nevidence derived therefrom shall not be received in evidence or otherwise\ndisclosed in any trial, hearing or other proceeding in a state court unless each\nparty to the communication and to such proceeding, not less than 10 days before\nthe trial, hearing or proceeding, has been furnished with a copy of the court\norder, accompanying application under which the interception was authorized and\nthe contents of any intercepted wire, electronic or oral communication that is\nto be used in any trial, hearing or other proceeding in a state court. This\n10-day period may be waived by the judge if he finds that it was not possible to\nfurnish the party with the above information 10 days before the trial, hearing\nor proceeding and that the party will not be prejudiced by the delay in\nreceiving such information; provided that such information in any event shall be\ngiven prior to the day of the trial, and the inability to comply with such\n10-day period shall be grounds for the granting of a continuance to either\nparty.\n\t\t\tThe judge who considers an application for an interception under this\nchapter, whether issuing or denying the order, shall be disqualified from\npresiding at any trial resulting from or in any manner connected with such\ninterception, regardless of whether the evidence acquired thereby is used in\nsuch trial.\n\nH. Any aggrieved person in any trial, hearing or proceeding in or before any\ncourt, department, officer, agency, regulatory body or other authority of the\nCommonwealth, or a political subdivision thereof, may move to suppress the\ncontents of any intercepted wire, electronic or oral communication, or evidence\nderived therefrom, on the grounds that:\n\n 1. The communication was unlawfully intercepted, or was not intercepted in\n compliance with this chapter; or\n\n 2. The order of the authorization or approval under which it was intercepted\n is insufficient on its face; or\n\n 3. The interception was not made in conformity with the order of authorization\n or approval; or\n\n 4. The interception is not admissible into evidence in any trial, proceeding\n or hearing in a state court under the applicable rules of evidence.\n \t\t\t\tSuch motion shall be made before the trial, hearing or proceeding unless\n there was no opportunity to make such motion or the person was not aware of\n the grounds of the motion. If the motion is granted pursuant to subdivision 1,\n 2 or 3 of this subsection, the contents of the intercepted wire, electronic or\n oral communication or evidence derived therefrom shall be treated as having\n been obtained in violation of this chapter. The judge, upon the filing of such\n motion by the aggrieved person, shall make available to the aggrieved person,\n or his counsel, for inspection the intercepted communication.\n\nI. The requirements of subdivision 2 of subsection A and subdivision 4 of\nsubsection B of this section relating to the specification of the facilities\nfrom which, or the place where, the communication is to be intercepted do not\napply if:\n\n 1. In the case of an application with respect to the interception of an oral\n communication:\n\n a. The application contains a full and complete statement as to why such\n specification is not practical and identifies the person committing the\n offense and whose communications are to be intercepted; and\n\n b. The judge finds that such specification is not practical; or\n\n 2. In the case of an application with respect to a wire or electronic\n communication:\n\n a. the application identifies the person believed to be committing the\n offense and whose communications are to be intercepted and the applicant\n makes a showing of a purpose, on the part of that person, to thwart\n interception by changing facilities; and\n\n b. the judge finds that such purpose has been adequately shown.\n \t\t\t\t\tThe interception of a communication under an order issued pursuant to\n this subsection shall not begin until the facilities from which, or the\n place where, the communication is to be intercepted is ascertained by the\n person implementing the interception order. A provider of wire or electronic\n communications service that has received an order issued pursuant to this\n subdivision 2 may move the court to modify or quash the order on the ground\n that its assistance with respect to the interception cannot be performed in\n a timely or reasonable fashion. The court, upon notice to the Attorney\n General, shall decide the motion expeditiously.\n\nHISTORY: Code 1950, \u00a7 19.1-89.8; 1973, c. 442; 1975, c. 495; 1976, c. 163;\n1977, c. 335; 1979, c. 602; 1980, c. 244; 1988, c. 889; 2002, c. 91; 2005, c.\n934; 2013, cc. 448, 664.","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}}