                                 CODE OF VIRGINIA

APPLICATION FOR AND ISSUANCE OF SEARCH WARRANT FOR A TRACKING DEVICE;
INSTALLATION AND USE (§ 19.2-56.2)

A. As used in this section, unless the context requires a different meaning:
			&#8220;Judicial officer&#8221; means a judge, magistrate, or other person
authorized to issue criminal warrants.
			&#8220;Law-enforcement officer&#8221; shall have the same meaning as in
&#xA7; 9.1-101.
			&#8220;Tracking device&#8221; means an electronic or mechanical device that
permits a person to remotely determine or track the position or movement of a
person or object. &#8220;Tracking device&#8221; includes devices that store
geographic data for subsequent access or analysis and devices that allow for the
real-time monitoring of movement.
			&#8220;Use of a tracking device&#8221; includes the installation,
maintenance, and monitoring of a tracking device but does not include the
interception of wire, electronic, or oral communications or the capture,
collection, monitoring, or viewing of images.

B. A law-enforcement officer may apply for a search warrant from a judicial
officer to permit the use of a tracking device. Each application for a search
warrant authorizing the use of a tracking device shall be made in writing, upon
oath or affirmation, to a judicial officer for the circuit in which the tracking
device is to be installed, or where there is probable cause to believe the
offense for which the tracking device is sought has been committed, is being
committed, or will be committed.
			The law-enforcement officer shall submit an affidavit, which may be filed by
electronically transmitted (i) facsimile process or (ii) electronic record as
defined in § 59.1-480, and shall include:

   1. The identity of the applicant and the identity of the law-enforcement
   agency conducting the investigation;

   2. The identity of the vehicle, container, item, or object to which, in which,
   or on which the tracking device is to be attached, placed, or otherwise
   installed; the name of the owner or possessor of the vehicle, container, item,
   or object described, if known; and the jurisdictional area in which the
   vehicle, container, item, or object described is expected to be found, if
   known;

   3. Material facts constituting the probable cause for the issuance of the
   search warrant and alleging substantially the offense in relation to which
   such tracking device is to be used and a showing that probable cause exists
   that the information likely to be obtained will be evidence of the commission
   of such offense; and

   4. The name of the county or city where there is probable cause to believe the
   offense for which the tracking device is sought has been committed, is being
   committed, or will be committed.

C. 1. If the judicial officer finds, based on the affidavit submitted, that
there is probable cause to believe that a crime has been committed, is being
committed, or will be committed and that there is probable cause to believe the
information likely to be obtained from the use of the tracking device will be
evidence of the commission of such offense, the judicial officer shall issue a
search warrant authorizing the use of the tracking device. The search warrant
shall authorize the use of the tracking device from within the Commonwealth to
track a person or property for a reasonable period of time, not to exceed 30
days from the issuance of the search warrant. The search warrant shall authorize
the collection of the tracking data contained in or obtained from the tracking
device but shall not authorize the interception of wire, electronic, or oral
communications or the capture, collection, monitoring, or viewing of images.

   2. The affidavit shall be certified by the judicial officer who issues the
   search warrant and shall be delivered to and preserved as a record by the
   clerk of the circuit court of the county or city where there is probable cause
   to believe the offense for which the tracking device has been sought has been
   committed, is being committed, or will be committed. The affidavit shall be
   delivered by the judicial officer or his designee or agent 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 (&#xA7; 59.1-479 et seq.)
   for transmitting signed documents.

   3. By operation of law, the affidavit, search warrant, return, and any other
   related materials or pleadings shall be sealed. Upon motion of the
   Commonwealth or the owner or possessor of the vehicle, container, item, or
   object that was tracked, the circuit court may unseal such documents if it
   appears that the unsealing is consistent with the ends of justice or is
   necessary to reasonably inform such person of the nature of the evidence to be
   presented against him or to adequately prepare for his defense.

   4. The circuit court may, for good cause shown, grant one or more extensions,
   not to exceed 30 days each.

D. 1. The search warrant shall command the law-enforcement officer to complete
the installation authorized by the search warrant within 15 days after issuance
of the search warrant.

   2. The law-enforcement officer executing the search warrant shall enter on it
   the exact date and time the device was installed and the period during which
   it was used.

   3. Law-enforcement officers shall be permitted to monitor the tracking device
   during the period authorized in the search warrant, unless the period is
   extended as provided for in this section.

   4. Law-enforcement officers shall remove the tracking device as soon as
   practical, but not later than 10 days after the use of the tracking device has
   ended. Upon request, and for good cause shown, the circuit court may grant one
   or more extensions for such removal for a period not to exceed 10 days each.

   5. In the event that law-enforcement officers are unable to remove the
   tracking device as required by subdivision 4, the law-enforcement officers
   shall disable the device, if possible, and all use of the tracking device
   shall cease.

   6. Within 10 days after the use of the tracking device has ended, the executed
   search warrant shall be returned to the circuit court of the county or city
   where there is probable cause to believe the offense for which the tracking
   device has been sought has been committed, is being committed, or will be
   committed, as designated in the search warrant, where it shall be preserved as
   a record by the clerk of the circuit court.

E. Within 10 days after the use of the tracking device has ended, a copy of the
executed search warrant shall be served on the person who was tracked and the
person whose property was tracked. Service may be accomplished by delivering a
copy to the person who, or whose property, was tracked or by leaving a copy with
any individual found at the person&#8217;s usual place of abode who is a member
of the person&#8217;s family, other than a temporary sojourner or guest, and who
is 16 years of age or older and by mailing a copy to the person&#8217;s last
known address. Upon request, and for good cause shown, the circuit court may
grant one or more extensions for such service for a period not to exceed 30 days
each. Good cause shall include, but not be limited to, a continuing criminal
investigation, the potential for intimidation, the endangerment of an
individual, or the preservation of evidence.

F. The disclosure or publication, without authorization of a circuit court, by a
court officer, law-enforcement officer, or other person responsible for the
administration of this section of the existence of a search warrant issued
pursuant to this section, application for such search warrant, any affidavit
filed in support of such warrant, or any return or data obtained as a result of
such search warrant that is sealed by operation of law is punishable as a Class
1 misdemeanor.

HISTORY: 2012, cc. 636, 679; 2018, cc. 84, 215.