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19.2-56 - To whom search warrant directed; what it shall command; warrant to show date and time of issuance; copy of affidavit to be part of warrant and served therewith; warrants not executed within

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§ 19.2-56. To whom search warrant directed; what it shall command; warrant toshow date and time of issuance; copy of affidavit to be part of warrant andserved therewith; warrants not executed within 15 days.The judge, magistrate or other official authorized to issue criminalwarrants, shall issue a search warrant if he finds from the facts orcircumstances recited in the affidavit that there is probable cause for theissuance thereof.Every search warrant shall be directed to (i) the sheriff, sergeant, or anypoliceman of the county, city or town in which the place to be searched islocated, (ii) any law-enforcement officer or agent employed by theCommonwealth and vested with the powers of sheriffs and police, or (iii)jointly to any such sheriff, sergeant, policeman or law-enforcement officeror agent and an agent, special agent or officer of the Federal Bureau ofInvestigation, the Bureau of Alcohol, Tobacco and Firearms of the UnitedStates Treasury, the United States Naval Criminal Investigative Service, theUnited States Department of Homeland Security, any inspector, law-enforcementofficial or police personnel of the United States Postal Inspection Service,or the Drug Enforcement Administration. The warrant shall (i) name theaffiant, (ii) recite the offense in relation to which the search is to bemade, (iii) name or describe the place to be searched, (iv) describe theproperty or person to be searched for, and (v) recite that the magistrate hasfound probable cause to believe that the property or person constitutesevidence of a crime (identified in the warrant) or tends to show that aperson (named or described therein) has committed or is committing a crime.The warrant shall command that the place be forthwith searched, either in dayor night, and that the objects or persons described in the warrant, if foundthere, be seized. An inventory shall be produced before a court havingjurisdiction of the offense in relation to which the warrant was issued asprovided in § 19.2-57.Any such warrant as provided in this section shall be executed by thepoliceman or other law-enforcement officer or agent into whose hands it shallcome or be delivered. If the warrant is directed jointly to a sheriff,sergeant, policeman or law-enforcement officer or agent of the Commonwealthand a federal agent or officer as otherwise provided in this section, thewarrant may be executed jointly or by the policeman, law-enforcement officeror agent into whose hands it is delivered. No other person may be permittedto be present during or participate in the execution of a warrant to search aplace except (i) the owners and occupants of the place to be searched whenpermitted to be present by the officer in charge of the conduct of the searchand (ii) persons designated by the officer in charge of the conduct of thesearch to assist or provide expertise in the conduct of the search.Any search warrant for records or other information pertaining to asubscriber to, or customer of, an electronic communication service or remotecomputing service, whether a domestic corporation or foreign corporation,that is transacting or has transacted any business in the Commonwealth, to beexecuted upon such service provider may be executed within or without theCommonwealth by hand, United States mail, commercial delivery service,facsimile, or other electronic means upon the service provider.Notwithstanding the provisions of § 19.2-57, the officer executing a warrantpursuant to this paragraph shall endorse the date of execution thereon andshall file the warrant, with the inventory attached (or a notation that noproperty was seized) and the accompanying affidavit, unless such affidavitwas made by voice or videotape recording, within three days after thematerials ordered to be produced are received by the officer from the serviceprovider. The return shall be made in the circuit court clerk's office forthe jurisdiction wherein the warrant was issued. Saturdays, Sundays, or anyfederal or state legal holiday shall not be used in computing the three-dayfiling period.Electronic communication service or remote computing service providers,whether a foreign or domestic corporation, shall also provide the contents ofelectronic communications pursuant to a search warrant issued under thissection and § 19.2-70.3 using the same process described in the precedingparagraph.Every search warrant shall contain the date and time it was issued. However,the failure of any such search warrant to contain the date and time it wasissued shall not render the warrant void, provided that the date and time ofissuing of said warrant is established by competent evidence.The judge, magistrate, or other official authorized to issue criminalwarrants shall attach a copy of the affidavit required by § 19.2-54, whichshall become a part of the search warrant and served therewith. However, thisprovision shall not be applicable in any case in which the affidavit is madeby means of a voice or videotape recording or where the affidavit has beensealed pursuant to § 19.2-54.Any search warrant not executed within 15 days after issuance thereof shallbe returned to, and voided by, the officer who issued such search warrant.For the purposes of this section:"Foreign corporation" means any corporation or other entity, whose primaryplace of business is located outside of the boundaries of the Commonwealth,that makes a contract or engages in a terms of service agreement with aresident of the Commonwealth to be performed in whole or in part by eitherparty in the Commonwealth, or a corporation that has been issued acertificate of authority pursuant to § 13.1-759 to transact business in theCommonwealth. The making of the contract or terms of service agreement or theissuance of a certificate of authority shall be considered to be theagreement of the foreign corporation or entity that a search warrant orsubpoena, which has been properly served on it, has the same legal force andeffect as if served personally within the Commonwealth."Properly served" means delivery of a search warrant or subpoena by hand,by United States mail, by commercial delivery service, by facsimile or by anyother manner to any officer of a corporation or its general manager in theCommonwealth, to any natural person designated by it as agent for the serviceof process, or if such corporation has designated a corporate agent, to anyperson named in the latest annual report filed pursuant to § 13.1-775.(Code 1950, § 19.1-86; 1960, c. 366; 1968, c. 572; 1975, c. 495; 1977, c.289; 1979, c. 584; 1980, c. 573; 1981, c. 559; 1984, cc. 491, 598; 1988, c.50; 1989, c. 719; 2000, c. 783; 2001, cc. 183, 205; 2007, c. 416; 2009, c.725.)
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  • § 19.2-56. To whom search warrant directed; what it shall command; warrant toshow date and time of issuance; copy of affidavit to be part of warrant andserved therewith; warrants not executed within 15 days.

    The judge, magistrate or other official authorized to issue criminalwarrants, shall issue a search warrant if he finds from the facts orcircumstances recited in the affidavit that there is probable cause for theissuance thereof.

    Every search warrant shall be directed to (i) the sheriff, sergeant, or anypoliceman of the county, city or town in which the place to be searched islocated, (ii) any law-enforcement officer or agent employed by theCommonwealth and vested with the powers of sheriffs and police, or (iii)jointly to any such sheriff, sergeant, policeman or law-enforcement officeror agent and an agent, special agent or officer of the Federal Bureau ofInvestigation, the Bureau of Alcohol, Tobacco and Firearms of the UnitedStates Treasury, the United States Naval Criminal Investigative Service, theUnited States Department of Homeland Security, any inspector, law-enforcementofficial or police personnel of the United States Postal Inspection Service,or the Drug Enforcement Administration. The warrant shall (i) name theaffiant, (ii) recite the offense in relation to which the search is to bemade, (iii) name or describe the place to be searched, (iv) describe theproperty or person to be searched for, and (v) recite that the magistrate hasfound probable cause to believe that the property or person constitutesevidence of a crime (identified in the warrant) or tends to show that aperson (named or described therein) has committed or is committing a crime.

    The warrant shall command that the place be forthwith searched, either in dayor night, and that the objects or persons described in the warrant, if foundthere, be seized. An inventory shall be produced before a court havingjurisdiction of the offense in relation to which the warrant was issued asprovided in § 19.2-57.

    Any such warrant as provided in this section shall be executed by thepoliceman or other law-enforcement officer or agent into whose hands it shallcome or be delivered. If the warrant is directed jointly to a sheriff,sergeant, policeman or law-enforcement officer or agent of the Commonwealthand a federal agent or officer as otherwise provided in this section, thewarrant may be executed jointly or by the policeman, law-enforcement officeror agent into whose hands it is delivered. No other person may be permittedto be present during or participate in the execution of a warrant to search aplace except (i) the owners and occupants of the place to be searched whenpermitted to be present by the officer in charge of the conduct of the searchand (ii) persons designated by the officer in charge of the conduct of thesearch to assist or provide expertise in the conduct of the search.

    Any search warrant for records or other information pertaining to asubscriber to, or customer of, an electronic communication service or remotecomputing service, whether a domestic corporation or foreign corporation,that is transacting or has transacted any business in the Commonwealth, to beexecuted upon such service provider may be executed within or without theCommonwealth by hand, United States mail, commercial delivery service,facsimile, or other electronic means upon the service provider.Notwithstanding the provisions of § 19.2-57, the officer executing a warrantpursuant to this paragraph shall endorse the date of execution thereon andshall file the warrant, with the inventory attached (or a notation that noproperty was seized) and the accompanying affidavit, unless such affidavitwas made by voice or videotape recording, within three days after thematerials ordered to be produced are received by the officer from the serviceprovider. The return shall be made in the circuit court clerk's office forthe jurisdiction wherein the warrant was issued. Saturdays, Sundays, or anyfederal or state legal holiday shall not be used in computing the three-dayfiling period.

    Electronic communication service or remote computing service providers,whether a foreign or domestic corporation, shall also provide the contents ofelectronic communications pursuant to a search warrant issued under thissection and § 19.2-70.3 using the same process described in the precedingparagraph.

    Every search warrant shall contain the date and time it was issued. However,the failure of any such search warrant to contain the date and time it wasissued shall not render the warrant void, provided that the date and time ofissuing of said warrant is established by competent evidence.

    The judge, magistrate, or other official authorized to issue criminalwarrants shall attach a copy of the affidavit required by § 19.2-54, whichshall become a part of the search warrant and served therewith. However, thisprovision shall not be applicable in any case in which the affidavit is madeby means of a voice or videotape recording or where the affidavit has beensealed pursuant to § 19.2-54.

    Any search warrant not executed within 15 days after issuance thereof shallbe returned to, and voided by, the officer who issued such search warrant.

    For the purposes of this section:

    "Foreign corporation" means any corporation or other entity, whose primaryplace of business is located outside of the boundaries of the Commonwealth,that makes a contract or engages in a terms of service agreement with aresident of the Commonwealth to be performed in whole or in part by eitherparty in the Commonwealth, or a corporation that has been issued acertificate of authority pursuant to § 13.1-759 to transact business in theCommonwealth. The making of the contract or terms of service agreement or theissuance of a certificate of authority shall be considered to be theagreement of the foreign corporation or entity that a search warrant orsubpoena, which has been properly served on it, has the same legal force andeffect as if served personally within the Commonwealth.

    "Properly served" means delivery of a search warrant or subpoena by hand,by United States mail, by commercial delivery service, by facsimile or by anyother manner to any officer of a corporation or its general manager in theCommonwealth, to any natural person designated by it as agent for the serviceof process, or if such corporation has designated a corporate agent, to anyperson named in the latest annual report filed pursuant to § 13.1-775.

    (Code 1950, § 19.1-86; 1960, c. 366; 1968, c. 572; 1975, c. 495; 1977, c.289; 1979, c. 584; 1980, c. 573; 1981, c. 559; 1984, cc. 491, 598; 1988, c.50; 1989, c. 719; 2000, c. 783; 2001, cc. 183, 205; 2007, c. 416; 2009, c.725.)

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