                                 CODE OF VIRGINIA

WHAT COSTS CHARGEABLE AGAINST PROSECUTOR (§ 17.1-280)

If any warrant of arrest for a misdemeanor or felony, or any search warrant, is
issued or procured at the instance of a prosecutor, other than a public officer
charged with the enforcement of the laws, and the warrant is dismissed or the
accused discharged from the charge or charges, the judge before whom the
proceeding is held may give judgment against the prosecutor in favor of the
accused for his costs. If the judge believes from the evidence that the warrant
was procured by the prosecutor through malice or without reasonable and probable
cause, the judge shall grant judgment in favor of the accused for his costs.

HISTORY: Code 1950, § 14-140; 1960, c. 369; 1964, c. 386, § 14.1-131; 1998, c.
872.