§ 19.2-10.1. (Effective until October 1, 2010) Subpoena duces tecum forobtaining records concerning banking and credit cards.
A. A financial institution as defined in § 6.1-125.1, money transmitter asdefined in § 6.1-370, or commercial businesses providing credit history orcredit reports; or a credit card issuer as defined in § 11-30 shall disclosea record or other information pertaining to a customer, to a law-enforcementofficer pursuant to a subpoena duces tecum issued pursuant to this section.
1. In order to obtain such records, the law-enforcement official shallprovide a statement of the facts documenting the reasons that the records orother information sought are relevant to a legitimate law-enforcementinquiry, relating to a named person or persons, to the attorney for theCommonwealth. A court shall issue a subpoena duces tecum upon motion of theCommonwealth only if the court finds that there is probable cause to believethat a crime has been committed and to believe the records sought or otherinformation sought, including electronic data and electronic communications,are relevant to a legitimate law-enforcement inquiry into that offense. Thecourt may issue a subpoena duces tecum under this section regardless ofwhether any criminal charges have been filed.
2. A court issuing an order pursuant to this section, on a motion madepromptly by the financial institution or credit card issuer, or enterprisemay quash or modify the subpoena duces tecum, if the information or recordsrequested are unusually voluminous in nature or compliance with such subpoenaduces tecum would otherwise cause an undue burden on such provider.
B. No cause of action shall lie in any court against a financial institutionor credit card issuer, or enterprise, its officers, employees, agents, orother specified persons for providing information, facilities, or assistancein accordance with the terms of a subpoena duces tecum under this section.
C. Upon issuance of a subpoena duces tecum under this section, the statementshall be temporarily sealed by the court upon application of the attorney forthe Commonwealth for good cause shown in an ex parte proceeding. Anyindividual arrested and claiming to be aggrieved by the order may move thecourt for the unsealing of the statement, and the burden of proof withrespect to continued sealing shall be upon the Commonwealth.
D. Any and all records received by law enforcement pursuant to this sectionshall be utilized only for a reasonable amount of time and only for alegitimate law-enforcement purpose. Upon the completion of the investigationthe records shall be submitted to the court by the attorney for theCommonwealth along with a proposed order requiring the records to be sealed.Upon entry of such order, the court shall seal the records in accordance withthe requirements contained in subsection C.
(2003, cc. 223, 541, 549; 2004, cc. 883, 996; 2010, c. 702.)
§ 19.2-10.1. (Effective October 1, 2010) Subpoena duces tecum for obtainingrecords concerning banking and credit cards.
A. A financial institution as defined in § 6.2-604, money transmitter asdefined in § 6.2-1900, or commercial businesses providing credit history orcredit reports; or an issuer as defined in § 6.2-424 shall disclose a recordor other information pertaining to a customer, to a law-enforcement officerpursuant to a subpoena duces tecum issued pursuant to this section.
1. In order to obtain such records, the law-enforcement official shallprovide a statement of the facts documenting the reasons that the records orother information sought are relevant to a legitimate law-enforcementinquiry, relating to a named person or persons, to the attorney for theCommonwealth. A court shall issue a subpoena duces tecum upon motion of theCommonwealth only if the court finds that there is probable cause to believethat a crime has been committed and to believe the records sought or otherinformation sought, including electronic data and electronic communications,are relevant to a legitimate law-enforcement inquiry into that offense. Thecourt may issue a subpoena duces tecum under this section regardless ofwhether any criminal charges have been filed.
2. A court issuing an order pursuant to this section, on a motion madepromptly by the financial institution or credit card issuer, or enterprisemay quash or modify the subpoena duces tecum, if the information or recordsrequested are unusually voluminous in nature or compliance with such subpoenaduces tecum would otherwise cause an undue burden on such provider.
B. No cause of action shall lie in any court against a financial institutionor credit card issuer, or enterprise, its officers, employees, agents, orother specified persons for providing information, facilities, or assistancein accordance with the terms of a subpoena duces tecum under this section.
C. Upon issuance of a subpoena duces tecum under this section, the statementshall be temporarily sealed by the court upon application of the attorney forthe Commonwealth for good cause shown in an ex parte proceeding. Anyindividual arrested and claiming to be aggrieved by the order may move thecourt for the unsealing of the statement, and the burden of proof withrespect to continued sealing shall be upon the Commonwealth.
D. Any and all records received by law enforcement pursuant to this sectionshall be utilized only for a reasonable amount of time and only for alegitimate law-enforcement purpose. Upon the completion of the investigationthe records shall be submitted to the court by the attorney for theCommonwealth along with a proposed order requiring the records to be sealed.Upon entry of such order, the court shall seal the records in accordance withthe requirements contained in subsection C.
(2003, cc. 223, 541, 549; 2004, cc. 883, 996; 2010, cc. 702, 794.)
§ 19.2-10.1. (Effective until October 1, 2010) Subpoena duces tecum forobtaining records concerning banking and credit cards.
A. A financial institution as defined in § 6.1-125.1, money transmitter asdefined in § 6.1-370, or commercial businesses providing credit history orcredit reports; or a credit card issuer as defined in § 11-30 shall disclosea record or other information pertaining to a customer, to a law-enforcementofficer pursuant to a subpoena duces tecum issued pursuant to this section.
1. In order to obtain such records, the law-enforcement official shallprovide a statement of the facts documenting the reasons that the records orother information sought are relevant to a legitimate law-enforcementinquiry, relating to a named person or persons, to the attorney for theCommonwealth. A court shall issue a subpoena duces tecum upon motion of theCommonwealth only if the court finds that there is probable cause to believethat a crime has been committed and to believe the records sought or otherinformation sought, including electronic data and electronic communications,are relevant to a legitimate law-enforcement inquiry into that offense. Thecourt may issue a subpoena duces tecum under this section regardless ofwhether any criminal charges have been filed.
2. A court issuing an order pursuant to this section, on a motion madepromptly by the financial institution or credit card issuer, or enterprisemay quash or modify the subpoena duces tecum, if the information or recordsrequested are unusually voluminous in nature or compliance with such subpoenaduces tecum would otherwise cause an undue burden on such provider.
B. No cause of action shall lie in any court against a financial institutionor credit card issuer, or enterprise, its officers, employees, agents, orother specified persons for providing information, facilities, or assistancein accordance with the terms of a subpoena duces tecum under this section.
C. Upon issuance of a subpoena duces tecum under this section, the statementshall be temporarily sealed by the court upon application of the attorney forthe Commonwealth for good cause shown in an ex parte proceeding. Anyindividual arrested and claiming to be aggrieved by the order may move thecourt for the unsealing of the statement, and the burden of proof withrespect to continued sealing shall be upon the Commonwealth.
D. Any and all records received by law enforcement pursuant to this sectionshall be utilized only for a reasonable amount of time and only for alegitimate law-enforcement purpose. Upon the completion of the investigationthe records shall be submitted to the court by the attorney for theCommonwealth along with a proposed order requiring the records to be sealed.Upon entry of such order, the court shall seal the records in accordance withthe requirements contained in subsection C.
(2003, cc. 223, 541, 549; 2004, cc. 883, 996; 2010, c. 702.)
§ 19.2-10.1. (Effective October 1, 2010) Subpoena duces tecum for obtainingrecords concerning banking and credit cards.
A. A financial institution as defined in § 6.2-604, money transmitter asdefined in § 6.2-1900, or commercial businesses providing credit history orcredit reports; or an issuer as defined in § 6.2-424 shall disclose a recordor other information pertaining to a customer, to a law-enforcement officerpursuant to a subpoena duces tecum issued pursuant to this section.
1. In order to obtain such records, the law-enforcement official shallprovide a statement of the facts documenting the reasons that the records orother information sought are relevant to a legitimate law-enforcementinquiry, relating to a named person or persons, to the attorney for theCommonwealth. A court shall issue a subpoena duces tecum upon motion of theCommonwealth only if the court finds that there is probable cause to believethat a crime has been committed and to believe the records sought or otherinformation sought, including electronic data and electronic communications,are relevant to a legitimate law-enforcement inquiry into that offense. Thecourt may issue a subpoena duces tecum under this section regardless ofwhether any criminal charges have been filed.
2. A court issuing an order pursuant to this section, on a motion madepromptly by the financial institution or credit card issuer, or enterprisemay quash or modify the subpoena duces tecum, if the information or recordsrequested are unusually voluminous in nature or compliance with such subpoenaduces tecum would otherwise cause an undue burden on such provider.
B. No cause of action shall lie in any court against a financial institutionor credit card issuer, or enterprise, its officers, employees, agents, orother specified persons for providing information, facilities, or assistancein accordance with the terms of a subpoena duces tecum under this section.
C. Upon issuance of a subpoena duces tecum under this section, the statementshall be temporarily sealed by the court upon application of the attorney forthe Commonwealth for good cause shown in an ex parte proceeding. Anyindividual arrested and claiming to be aggrieved by the order may move thecourt for the unsealing of the statement, and the burden of proof withrespect to continued sealing shall be upon the Commonwealth.
D. Any and all records received by law enforcement pursuant to this sectionshall be utilized only for a reasonable amount of time and only for alegitimate law-enforcement purpose. Upon the completion of the investigationthe records shall be submitted to the court by the attorney for theCommonwealth along with a proposed order requiring the records to be sealed.Upon entry of such order, the court shall seal the records in accordance withthe requirements contained in subsection C.
(2003, cc. 223, 541, 549; 2004, cc. 883, 996; 2010, cc. 702, 794.)
§ 19.2-10.1. (Effective until October 1, 2010) Subpoena duces tecum forobtaining records concerning banking and credit cards.
A. A financial institution as defined in § 6.1-125.1, money transmitter asdefined in § 6.1-370, or commercial businesses providing credit history orcredit reports; or a credit card issuer as defined in § 11-30 shall disclosea record or other information pertaining to a customer, to a law-enforcementofficer pursuant to a subpoena duces tecum issued pursuant to this section.
1. In order to obtain such records, the law-enforcement official shallprovide a statement of the facts documenting the reasons that the records orother information sought are relevant to a legitimate law-enforcementinquiry, relating to a named person or persons, to the attorney for theCommonwealth. A court shall issue a subpoena duces tecum upon motion of theCommonwealth only if the court finds that there is probable cause to believethat a crime has been committed and to believe the records sought or otherinformation sought, including electronic data and electronic communications,are relevant to a legitimate law-enforcement inquiry into that offense. Thecourt may issue a subpoena duces tecum under this section regardless ofwhether any criminal charges have been filed.
2. A court issuing an order pursuant to this section, on a motion madepromptly by the financial institution or credit card issuer, or enterprisemay quash or modify the subpoena duces tecum, if the information or recordsrequested are unusually voluminous in nature or compliance with such subpoenaduces tecum would otherwise cause an undue burden on such provider.
B. No cause of action shall lie in any court against a financial institutionor credit card issuer, or enterprise, its officers, employees, agents, orother specified persons for providing information, facilities, or assistancein accordance with the terms of a subpoena duces tecum under this section.
C. Upon issuance of a subpoena duces tecum under this section, the statementshall be temporarily sealed by the court upon application of the attorney forthe Commonwealth for good cause shown in an ex parte proceeding. Anyindividual arrested and claiming to be aggrieved by the order may move thecourt for the unsealing of the statement, and the burden of proof withrespect to continued sealing shall be upon the Commonwealth.
D. Any and all records received by law enforcement pursuant to this sectionshall be utilized only for a reasonable amount of time and only for alegitimate law-enforcement purpose. Upon the completion of the investigationthe records shall be submitted to the court by the attorney for theCommonwealth along with a proposed order requiring the records to be sealed.Upon entry of such order, the court shall seal the records in accordance withthe requirements contained in subsection C.
(2003, cc. 223, 541, 549; 2004, cc. 883, 996; 2010, c. 702.)
§ 19.2-10.1. (Effective October 1, 2010) Subpoena duces tecum for obtainingrecords concerning banking and credit cards.
A. A financial institution as defined in § 6.2-604, money transmitter asdefined in § 6.2-1900, or commercial businesses providing credit history orcredit reports; or an issuer as defined in § 6.2-424 shall disclose a recordor other information pertaining to a customer, to a law-enforcement officerpursuant to a subpoena duces tecum issued pursuant to this section.
1. In order to obtain such records, the law-enforcement official shallprovide a statement of the facts documenting the reasons that the records orother information sought are relevant to a legitimate law-enforcementinquiry, relating to a named person or persons, to the attorney for theCommonwealth. A court shall issue a subpoena duces tecum upon motion of theCommonwealth only if the court finds that there is probable cause to believethat a crime has been committed and to believe the records sought or otherinformation sought, including electronic data and electronic communications,are relevant to a legitimate law-enforcement inquiry into that offense. Thecourt may issue a subpoena duces tecum under this section regardless ofwhether any criminal charges have been filed.
2. A court issuing an order pursuant to this section, on a motion madepromptly by the financial institution or credit card issuer, or enterprisemay quash or modify the subpoena duces tecum, if the information or recordsrequested are unusually voluminous in nature or compliance with such subpoenaduces tecum would otherwise cause an undue burden on such provider.
B. No cause of action shall lie in any court against a financial institutionor credit card issuer, or enterprise, its officers, employees, agents, orother specified persons for providing information, facilities, or assistancein accordance with the terms of a subpoena duces tecum under this section.
C. Upon issuance of a subpoena duces tecum under this section, the statementshall be temporarily sealed by the court upon application of the attorney forthe Commonwealth for good cause shown in an ex parte proceeding. Anyindividual arrested and claiming to be aggrieved by the order may move thecourt for the unsealing of the statement, and the burden of proof withrespect to continued sealing shall be upon the Commonwealth.
D. Any and all records received by law enforcement pursuant to this sectionshall be utilized only for a reasonable amount of time and only for alegitimate law-enforcement purpose. Upon the completion of the investigationthe records shall be submitted to the court by the attorney for theCommonwealth along with a proposed order requiring the records to be sealed.Upon entry of such order, the court shall seal the records in accordance withthe requirements contained in subsection C.
(2003, cc. 223, 541, 549; 2004, cc. 883, 996; 2010, cc. 702, 794.)
