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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>78226</law_id><section_number>19.2-394</section_number><catch_line>Issuance of warrant</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="24">Inspection Warrants</unit></structure><text>
						<section><p>An inspection warrant may be issued for any inspection, testing or collection of samples for testing or for any administrative search authorized by state or local <span class="dictionary">law</span> or regulation in connection with the presence, manufacturing or emitting of toxic substances, whether or not such warrant be constitutionally required. Nothing in this chapter shall be construed to require issuance of an inspection warrant where a warrant is not constitutionally required or to exclude any other lawful means of search, inspection, testing or collection of samples for testing, whether without warrant or pursuant to a <span class="dictionary">search warrant</span> issued under any other provision of the Code of Virginia. No inspection warrant shall be issued pursuant to this chapter except upon <span class="dictionary">probable cause</span>, supported by <span class="dictionary">affidavit</span>, particularly describing the place, things or persons to be inspected or tested and the purpose for which the inspection, testing or collection of samples for testing is to be made. <span class="dictionary">Probable cause</span> shall be deemed to exist if either reasonable legislative or administrative standards for conducting such inspection, testing or collection of samples for testing are satisfied with respect to the particular place, things or persons or there exists <span class="dictionary">probable cause</span> to believe that there is a condition, <span class="dictionary">object</span>, activity or circumstance which legally justifies such inspection, testing or collection of samples for testing. The supporting <span class="dictionary">affidavit</span> shall contain either a statement that consent to inspect, test or collect samples for testing has been sought and refused or <span class="dictionary">facts</span> or circumstances reasonably justifying the failure to seek such consent in <span class="dictionary">order</span> to enforce effectively the state or local <span class="dictionary">law</span> or regulation which authorizes such inspection, testing or collection of samples for testing. The issuing <span class="dictionary">judge</span> may examine the affiant under <span class="dictionary">oath</span> or affirmation to verify the accuracy of any matter indicated by the statement in the <span class="dictionary">affidavit</span>. After issuing a warrant under this section, the <span class="dictionary">judge</span> shall file the <span class="dictionary">affidavit</span> in the manner prescribed by &#xA7;&#xA0;<a class="law" title="Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit" href="/19.2-54/">19.2-54</a>.</p></section></text><history>1976, c. 625; 1979, c. 122; 2014, c. 354.</history><metadata></metadata></law>
