                                 CODE OF VIRGINIA

CONDUCT OF INSPECTION, TESTING OR COLLECTION OF SAMPLES FOR TESTING; SPECIAL
PROCEDURE FOR DWELLING (§ 19.2-396)

An inspection, testing or collection of samples for testing pursuant to such
warrant may not be made in the absence of the owner, custodian or possessor of
the particular place, things or persons unless specifically authorized by the
issuing judge upon a showing that such authority is reasonably necessary to
effectuate the purpose of the law or regulation being enforced. An entry
pursuant to this warrant shall not be made forcibly, except that the issuing
judge may expressly authorize a forcible entry where facts are shown sufficient
to create a reasonable suspicion of an immediate threat to public health or
safety, or where facts are shown establishing that reasonable attempts to serve
a previous warrant have been unsuccessful. In the case of entry into a dwelling,
prior consent must be sought and refused and notice that a warrant has been
issued must be given at least twenty-four hours before the warrant is executed,
unless the issuing judge finds that failure to seek consent is justified and
that there is a reasonable suspicion of an immediate threat to public health or
safety.

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