                                 CODE OF VIRGINIA

REVIEW BY COURTS (§ 27-98.5)

A. No court of the Commonwealth shall have jurisdiction to hear a challenge to
the warrant prior to its return to the clerk of the circuit court of the city or
county wherein the inspection was made except as a defense in a contempt
proceeding, unless the owner or custodian of the building, structure, property
or premises to be inspected makes by affidavit a substantial preliminary showing
accompanied by an offer of proof that (i) a false statement, knowingly and
intentionally, or with reckless disregard for the truth, was included by the
affiant in his affidavit for the inspection warrant and (ii) the false statement
was necessary to the finding of probable cause. The court shall conduct such
expeditious in camera view as the court may deem appropriate.

B. After the warrant has been executed and returned to the clerk of the circuit
court of the city or county wherein the inspection was made, the validity of the
warrant may be reviewed either as a defense to any citation issued by the fire
official or otherwise by declaratory judgment action brought in a circuit court.
In any such action, the review shall be confined to the face of the warrant and
affidavits and supporting materials presented to the issuing judge unless the
owner, operator, or agent in charge of whose building, structure, property or
premises has been inspected makes a substantial showing by affidavit accompanied
by an offer of proof that (i) a false statement, knowingly and intentionally, or
with reckless disregard for the truth, was made in support of the warrant and
(ii) the false statement was necessary to the finding of probable cause. The
review shall only determine whether there is substantial evidence in the record
supporting the decision to issue the warrant.

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