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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>71112</law_id><section_number>27-98.5</section_number><catch_line>Review by courts</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="27">Fire Protection</unit><unit label="chapter" level="2" order_by="1" identifier="9">Statewide Fire Prevention Code Act</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> No <span class="dictionary">court</span> of the Commonwealth shall have <span class="dictionary">jurisdiction</span> to hear a challenge to the warrant prior to its return to the clerk of the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the city or county wherein the inspection was made except as a defense in a <span class="dictionary">contempt</span> proceeding, unless the owner or custodian of the building, structure, property or premises to be inspected makes by <span class="dictionary">affidavit</span> a substantial preliminary showing accompanied by an offer of proof that (i) a false statement, knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in his <span class="dictionary">affidavit</span> for the <span class="dictionary">inspection warrant</span> and (ii) the false statement was necessary to the <span class="dictionary">finding</span> of <span class="dictionary">probable cause</span>. The <span class="dictionary">court</span> shall conduct such expeditious <span class="dictionary">in camera</span> view as the <span class="dictionary">court</span> may deem appropriate. <a id="paragraph-256391" class="section-permalink" href="https://vacode.org/27-98.5/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> After the warrant has been executed and returned to the clerk of the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the city or county wherein the inspection was made, the validity of the warrant may be reviewed either as a defense to any <span class="dictionary">citation</span> issued by the fire official or otherwise by <span class="dictionary">declaratory judgment</span> action brought in a <span class="dictionary">circuit</span> <span class="dictionary">court</span>. In any such action, the review shall be confined to the face of the warrant and <span class="dictionary">affidavits</span> and supporting <span class="dictionary">materials</span> presented to the issuing <span class="dictionary">judge</span> unless the owner, operator, or agent in charge of whose building, structure, property or premises has been inspected makes a substantial showing by <span class="dictionary">affidavit</span> accompanied by an offer of proof that (i) a false statement, knowingly and intentionally, or with reckless disregard for the truth, was made in support of the warrant and (ii) the false statement was necessary to the <span class="dictionary">finding</span> of <span class="dictionary">probable cause</span>. The review shall only determine whether there is substantial <span class="dictionary">evidence</span> in the record supporting the decision to <span class="dictionary">issue</span> the warrant. <a id="paragraph-256392" class="section-permalink" href="https://vacode.org/27-98.5/#B"><i class="fa fa-link"/></a></p></section></text><history>1988, c. 549; 2014, c. 354.</history><metadata></metadata></law>
