                                 CODE OF VIRGINIA

ISSUANCE OF WARRANT (§ 27-98.2)

Search warrants for inspections or reinspection of buildings, structures,
property, or premises subject to inspections pursuant to the Code, to determine
compliance with regulations or standards set forth in the Code, shall be based
upon a demonstration of probable cause and supported by affidavit. Such
inspection warrants may be issued by any judge or magistrate having authority to
issue criminal warrants whose territorial jurisdiction encompasses the building,
structure, property or premises to be inspected or entered, if he is satisfied
from the affidavit that there is probable cause for the issuance of an
inspection warrant. No inspection warrant shall be issued pursuant to this
chapter except upon probable cause, supported by affidavit, particularly
describing the place, thing or property to be inspected, examined or tested and
the purpose for which the inspection, examination, testing or collection of
samples for testing is to be made. Probable cause shall be deemed to exist if
such inspection, examination, testing or collection of samples for testing are
necessary to ensure compliance with the Fire Prevention Code for the protection
of life and property from the hazards of fire or explosion. The supporting
affidavit shall contain either a statement that consent to inspect, examine,
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 fire safety laws, regulations or standards of the
Commonwealth which authorize such inspection, examination, testing or collection
of samples for testing. In the case of an inspection warrant based upon
legislative or administrative standards for selecting buildings, structures,
property or premises for inspections, the affidavit shall contain factual
allegations sufficient to justify an independent determination by the judge or
magistrate that the inspection program is based on reasonable standards and that
the standards are being applied to a particular place in a neutral and fair
manner. The issuing judge or magistrate may examine the affiant under oath or
affirmation to verify the accuracy of any matter in the affidavit. After issuing
the warrant, the judge or magistrate shall file the affidavit in the manner
prescribed by § 19.2-54.

HISTORY: 1988, c. 549; 2014, c. 354.