                                 CODE OF VIRGINIA

ISSUANCE OF FIRE INVESTIGATION WARRANT (§ 27-32.2)

A. If, in undertaking such an investigation, the fire marshal or investigator
appointed pursuant to &#xA7; 27-56 makes an affidavit under oath that the origin
or cause of any fire or explosion on any land, building, or vessel, or of any
object is undetermined and that he has been refused admittance thereto, or is
unable to gain permission to enter such land, building, or vessel, or to examine
such object, within 15 days after the extinguishing of such, any magistrate
serving the city or county where the land, building, vessel, or object is
located may issue a fire investigation warrant to the fire marshal or
investigator appointed pursuant to &#xA7; 27-56 authorizing him to enter such
land, building, vessel, or the premises upon which the object is located for the
purpose of determining the origin and source of such fire or explosion. After
issuing a warrant under this section, the magistrate shall file the affidavit in
the manner prescribed by &#xA7; 19.2-54. After executing the warrant, the fire
marshal, or investigator appointed pursuant to &#xA7; 27-56, shall return the
warrant to the clerk of the circuit court of the city or county wherein the
investigation was made.

B. If the fire marshal or investigator appointed pursuant to &#xA7; 27-56, after
gaining access to any land, building, vessel, or other premises pursuant to such
a fire investigation warrant, has probable cause to believe that the burning or
explosion was caused by any act constituting a criminal offense, he shall
discontinue the investigation until a search warrant has been obtained pursuant
to &#xA7; 27-32.1, or consent to conduct the search has otherwise been given.

HISTORY: 1987, c. 701; 2008, cc. 551, 691; 2012, cc. 279, 330; 2014, c. 354.