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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>78769</law_id><section_number>19.2-54</section_number><catch_line>Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>10.1-610</reference><reference>15.2-2286</reference><reference>19.2-394</reference><reference>19.2-52</reference><reference>19.2-55</reference><reference>19.2-56</reference><reference>19.2-57</reference><reference>19.2-70.3</reference><reference>22.1-289.033</reference><reference>27-32.2</reference><reference>27-37.1</reference><reference>27-98.2</reference><reference>3.2-6568</reference><reference>36-105</reference><reference>40.1-49.9</reference><reference>63.2-1718</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="5">Search Warrants</unit></structure><text>
						<section><p>No <span class="dictionary">search warrant</span> shall be issued until there is filed with the officer authorized to <span class="dictionary">issue</span> the same an <span class="dictionary">affidavit</span> of some person reasonably describing the place, thing, or person to be searched, the things or persons to be searched for thereunder, alleging briefly <span class="dictionary">material</span> <span class="dictionary">facts</span>, constituting the <span class="dictionary">probable cause</span> for the issuance of such warrant and alleging substantially the <span class="dictionary">offense</span> or the identity of the person to be arrested for whom a warrant or process for <span class="dictionary">arrest</span> has been issued in relation to which such search is to be made and that the <span class="dictionary">object</span>, thing, or person searched for constitutes <span class="dictionary">evidence</span> of the commission of such <span class="dictionary">offense</span> or is the person to be arrested for whom a warrant or process for <span class="dictionary">arrest</span> has been issued. The <span class="dictionary">affidavit</span> may be filed by electronically transmitted (i) facsimile process or (ii) electronic record as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/59.1-480/">59.1-480</a>. Such <span class="dictionary">affidavit</span> shall be certified by the officer who <span class="dictionary">issues</span> such warrant and delivered in person; mailed by certified mail, return receipt requested; or delivered by electronically transmitted facsimile process or by use of filing and security procedures as defined in the Uniform Electronic Transactions Act (&#xA7;&#xA0;<a class="law" title="Title" href="/59.1-479/">59.1-479</a> et seq.) for transmitting signed documents, by such officer or his designee or agent, to the clerk of the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the county or city wherein the search is made, within seven days after the issuance of such warrant and shall by such clerk be preserved as a record and shall at all times be subject to inspection by the public after the warrant that is the subject of the <span class="dictionary">affidavit</span> has been executed or 15 days after issuance of the warrant, whichever is earlier; however, such <span class="dictionary">affidavit</span>, any warrant issued pursuant thereto, any return made thereon, and any <span class="dictionary">order</span> sealing the <span class="dictionary">affidavit</span>, warrant, or return may be temporarily <span class="dictionary">sealed</span> for a specific period of time by the appropriate <span class="dictionary">court</span> upon application of the attorney for the Commonwealth for good cause shown in an <span class="dictionary">ex parte</span> <span class="dictionary">hearing</span>. Any individual arrested and claiming to be aggrieved by such <span class="dictionary">search and seizure</span> or any person who claims to be entitled to lawful <span class="dictionary">possession</span> of such property seized may move the appropriate <span class="dictionary">court</span> for the unsealing of such <span class="dictionary">affidavit</span>, warrant, and return. The <span class="dictionary">burden of proof</span> with respect to continued sealing shall be upon the Commonwealth. Each such clerk shall maintain an index of all such <span class="dictionary">affidavits</span> filed in his office in <span class="dictionary">order</span> to facilitate inspection. No such warrant shall be issued on an <span class="dictionary">affidavit</span> omitting such essentials, and no general warrant for the search of a house, place, compartment, vehicle or baggage shall be issued. The term &#x201C;<span class="dictionary">affidavit</span>&#x201D; as used in this section, means statements made under <span class="dictionary">oath</span> or affirmation and preserved verbatim.
		Failure of the officer issuing such warrant to file the required <span class="dictionary">affidavit</span> shall not invalidate any search made under the warrant unless such failure shall continue for a period of 30 days. If the <span class="dictionary">affidavit</span> is filed prior to the expiration of the 30-day period, nevertheless, <span class="dictionary">evidence</span> obtained in any such search shall not be <span class="dictionary">admissible</span> until a reasonable time after the filing of the required <span class="dictionary">affidavit</span>.</p></section></text><history>Code 1950, &#xA7; 19.1-85; 1960, c. 366; 1973, c. 502; 1975, c. 495; 1976, c. 552; 1977, c. 109; 1979, c. 583; 1980, c. 362; 1981, c. 559; 1989, c. 719; 2006, c. 285; 2007, c. 212; 2008, cc. 147, 183; 2011, cc. 196, 219; 2012, c. 5; 2017, cc. 228, 233, 242, 641.</history><metadata></metadata></law>
