                                 CODE OF VIRGINIA

ISSUANCE OF WARRANT (§ 19.2-394)

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 law 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 search warrant
issued under any other provision of the Code of Virginia. No inspection warrant
shall be issued pursuant to this chapter except upon probable cause, supported
by affidavit, 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. Probable cause 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 probable cause to believe that there is a condition, object, activity or
circumstance which legally justifies such inspection, testing or collection of
samples for testing. The supporting affidavit shall contain either a statement
that consent to inspect, test or collect samples for testing has been sought and
refused or facts or circumstances reasonably justifying the failure to seek such
consent in order to enforce effectively the state or local law or regulation
which authorizes such inspection, testing or collection of samples for testing.
The issuing judge may examine the affiant under oath or affirmation to verify
the accuracy of any matter indicated by the statement in the affidavit. After
issuing a warrant under this section, the judge shall file the affidavit in the
manner prescribed by § 19.2-54.

HISTORY: 1976, c. 625; 1979, c. 122; 2014, c. 354.