State Codes and Statutes
Statutes > Virginia > Title-19-2 > Chapter-24 > 19-2-394§ 19.2-394. Issuance of warrant.
An inspection warrant may be issued for any inspection, testing or collectionof samples for testing or for any administrative search authorized by stateor local law or regulation in connection with the presence, manufacturing oremitting of toxic substances, whether or not such warrant be constitutionallyrequired. Nothing in this chapter shall be construed to require issuance ofan inspection warrant where a warrant is not constitutionally required or toexclude any other lawful means of search, inspection, testing or collectionof samples for testing, whether without warrant or pursuant to a searchwarrant issued under any other provision of the Code of Virginia. Noinspection warrant shall be issued pursuant to this chapter except uponprobable cause, supported by affidavit, particularly describing the place,things or persons to be inspected or tested and the purpose for which theinspection, testing or collection of samples for testing is to be made.Probable cause shall be deemed to exist if either reasonable legislative oradministrative standards for conducting such inspection, testing orcollection of samples for testing are satisfied with respect to theparticular place, things or persons or there exists probable cause to believethat there is a condition, object, activity or circumstance which legallyjustifies such inspection, testing or collection of samples for testing. Thesupporting affidavit shall contain either a statement that consent toinspect, test or collect samples for testing has been sought and refused orfacts or circumstances reasonably justifying the failure to seek such consentin order to enforce effectively the state or local law or regulation whichauthorizes such inspection, testing or collection of samples for testing. Theissuing judge may examine the affiant under oath or affirmation to verify theaccuracy of any matter indicated by the statement in the affidavit.
(1976, c. 625; 1979, c. 122.)
