                                 CODE OF VIRGINIA

CONDUCT OF INSPECTION, TESTING, OR COLLECTION OF SAMPLES FOR ANALYSIS (§
40.1-49.11)

No warrant shall be executed in the absence of the owner, operator or agent in
charge of the particular place, things or persons unless specifically authorized
by the issuing judicial officer upon showing that such authority is reasonably
necessary to effect the purposes of a law or regulation being enforced. An entry
pursuant to this warrant shall not be made forcibly, except that the issuing
officer may expressly authorize a forcible entry (i) where facts are shown
sufficient to create a reasonable suspicion of an immediate threat to an
employee&#8217;s health or safety, or (ii) where facts are shown establishing
that reasonable attempts to serve a previous warrant have been unsuccessful. If
forcible entry is authorized, the warrant shall be issued jointly to the
Commissioner and to a law-enforcement officer who shall accompany the
Commissioner&#8217;s representative during the execution.

HISTORY: 1987, c. 643.