                                 CODE OF VIRGINIA

AFFIDAVIT PRELIMINARY TO ISSUANCE OF SEARCH WARRANT; GENERAL SEARCH WARRANT
PROHIBITED; EFFECT OF FAILURE TO FILE AFFIDAVIT (§ 19.2-54)

No search warrant shall be issued until there is filed with the officer
authorized to issue the same an affidavit of some person reasonably describing
the place, thing, or person to be searched, the things or persons to be searched
for thereunder, alleging briefly material facts, constituting the probable cause
for the issuance of such warrant and alleging substantially the offense or the
identity of the person to be arrested for whom a warrant or process for arrest
has been issued in relation to which such search is to be made and that the
object, thing, or person searched for constitutes evidence of the commission of
such offense or is the person to be arrested for whom a warrant or process for
arrest has been issued. The affidavit may be filed by electronically transmitted
(i) facsimile process or (ii) electronic record as defined in § 59.1-480. Such
affidavit shall be certified by the officer who issues 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
(§ 59.1-479 et seq.) for transmitting signed documents, by such officer or his
designee or agent, to the clerk of the circuit court 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
affidavit has been executed or 15 days after issuance of the warrant, whichever
is earlier; however, such affidavit, any warrant issued pursuant thereto, any
return made thereon, and any order sealing the affidavit, warrant, or return may
be temporarily sealed for a specific period of time by the appropriate court
upon application of the attorney for the Commonwealth for good cause shown in an
ex parte hearing. Any individual arrested and claiming to be aggrieved by such
search and seizure or any person who claims to be entitled to lawful possession
of such property seized may move the appropriate court for the unsealing of such
affidavit, warrant, and return. The burden of proof with respect to continued
sealing shall be upon the Commonwealth. Each such clerk shall maintain an index
of all such affidavits filed in his office in order to facilitate inspection. No
such warrant shall be issued on an affidavit omitting such essentials, and no
general warrant for the search of a house, place, compartment, vehicle or
baggage shall be issued. The term &#8220;affidavit&#8221; as used in this
section, means statements made under oath or affirmation and preserved verbatim.
		Failure of the officer issuing such warrant to file the required affidavit
shall not invalidate any search made under the warrant unless such failure shall
continue for a period of 30 days. If the affidavit is filed prior to the
expiration of the 30-day period, nevertheless, evidence obtained in any such
search shall not be admissible until a reasonable time after the filing of the
required affidavit.

HISTORY: Code 1950, § 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.