§ 19.2-54. Affidavit preliminary to issuance of search warrant; generalsearch warrant prohibited; effect of failure to file affidavit.
No search warrant shall be issued until there is filed with the officerauthorized to issue the same an affidavit of some person reasonablydescribing the place, thing, or person to be searched, the things or personsto be searched for thereunder, alleging briefly material facts, constitutingthe probable cause for the issuance of such warrant and allegingsubstantially the offense in relation to which such search is to be made andthat the object, thing, or person searched for constitutes evidence of thecommission of such offense. The affidavit may be filed by electronicallytransmitted facsimile process. Such affidavit shall be certified by theofficer who issues such warrant and delivered in person, mailed by certifiedmail, return receipt requested, or delivered by electronically transmittedfacsimile process by such officer or his designee or agent to the clerk ofthe circuit court of the county or city wherein the search is made, with acopy of the affidavit also being delivered to the clerk of the circuit courtof the county or city where the warrant is issued, if in a different countyor city, within seven days after the issuance of such warrant and shall bysuch clerks be preserved as a record and shall at all times be subject toinspection by the public; however such affidavit may be temporarily sealed bythe appropriate court upon application of the attorney for the Commonwealthfor good cause shown in an ex parte hearing. Any individual arrested andclaiming to be aggrieved by such search and seizure or any person who claimsto be entitled to lawful possession of such property seized may move theappropriate court for the unsealing of such affidavit, and the burden ofproof with respect to continued sealing shall be upon the Commonwealth. Eachsuch clerk shall maintain an index of all such affidavits filed in his officein order to facilitate inspection. No such warrant shall be issued on anaffidavit omitting such essentials, and no general warrant for the search ofa house, place, compartment, vehicle or baggage shall be issued. The term"affidavit" as used in this section, means statements made under oath oraffirmation and preserved verbatim.
Failure of the officer issuing such warrant to file the required affidavitshall not invalidate any search made under the warrant unless such failureshall continue for a period of 30 days. If the affidavit is filed prior tothe expiration of the 30-day period, nevertheless, evidence obtained in anysuch search shall not be admissible until a reasonable time after the filingof the required affidavit.
(Code 1950, § 19.1-85; 1960, c. 366; 1973, c. 502; 1975, c. 495; 1976, c.552; 1977, c. 109; 1979, c. 583; 1980, c. 362; 1981, c. 559; 1989, c. 719;2006, c. 285; 2007, c. 212; 2008, cc. 147, 183.)
§ 19.2-54. Affidavit preliminary to issuance of search warrant; generalsearch warrant prohibited; effect of failure to file affidavit.
No search warrant shall be issued until there is filed with the officerauthorized to issue the same an affidavit of some person reasonablydescribing the place, thing, or person to be searched, the things or personsto be searched for thereunder, alleging briefly material facts, constitutingthe probable cause for the issuance of such warrant and allegingsubstantially the offense in relation to which such search is to be made andthat the object, thing, or person searched for constitutes evidence of thecommission of such offense. The affidavit may be filed by electronicallytransmitted facsimile process. Such affidavit shall be certified by theofficer who issues such warrant and delivered in person, mailed by certifiedmail, return receipt requested, or delivered by electronically transmittedfacsimile process by such officer or his designee or agent to the clerk ofthe circuit court of the county or city wherein the search is made, with acopy of the affidavit also being delivered to the clerk of the circuit courtof the county or city where the warrant is issued, if in a different countyor city, within seven days after the issuance of such warrant and shall bysuch clerks be preserved as a record and shall at all times be subject toinspection by the public; however such affidavit may be temporarily sealed bythe appropriate court upon application of the attorney for the Commonwealthfor good cause shown in an ex parte hearing. Any individual arrested andclaiming to be aggrieved by such search and seizure or any person who claimsto be entitled to lawful possession of such property seized may move theappropriate court for the unsealing of such affidavit, and the burden ofproof with respect to continued sealing shall be upon the Commonwealth. Eachsuch clerk shall maintain an index of all such affidavits filed in his officein order to facilitate inspection. No such warrant shall be issued on anaffidavit omitting such essentials, and no general warrant for the search ofa house, place, compartment, vehicle or baggage shall be issued. The term"affidavit" as used in this section, means statements made under oath oraffirmation and preserved verbatim.
Failure of the officer issuing such warrant to file the required affidavitshall not invalidate any search made under the warrant unless such failureshall continue for a period of 30 days. If the affidavit is filed prior tothe expiration of the 30-day period, nevertheless, evidence obtained in anysuch search shall not be admissible until a reasonable time after the filingof the required affidavit.
(Code 1950, § 19.1-85; 1960, c. 366; 1973, c. 502; 1975, c. 495; 1976, c.552; 1977, c. 109; 1979, c. 583; 1980, c. 362; 1981, c. 559; 1989, c. 719;2006, c. 285; 2007, c. 212; 2008, cc. 147, 183.)
§ 19.2-54. Affidavit preliminary to issuance of search warrant; generalsearch warrant prohibited; effect of failure to file affidavit.
No search warrant shall be issued until there is filed with the officerauthorized to issue the same an affidavit of some person reasonablydescribing the place, thing, or person to be searched, the things or personsto be searched for thereunder, alleging briefly material facts, constitutingthe probable cause for the issuance of such warrant and allegingsubstantially the offense in relation to which such search is to be made andthat the object, thing, or person searched for constitutes evidence of thecommission of such offense. The affidavit may be filed by electronicallytransmitted facsimile process. Such affidavit shall be certified by theofficer who issues such warrant and delivered in person, mailed by certifiedmail, return receipt requested, or delivered by electronically transmittedfacsimile process by such officer or his designee or agent to the clerk ofthe circuit court of the county or city wherein the search is made, with acopy of the affidavit also being delivered to the clerk of the circuit courtof the county or city where the warrant is issued, if in a different countyor city, within seven days after the issuance of such warrant and shall bysuch clerks be preserved as a record and shall at all times be subject toinspection by the public; however such affidavit may be temporarily sealed bythe appropriate court upon application of the attorney for the Commonwealthfor good cause shown in an ex parte hearing. Any individual arrested andclaiming to be aggrieved by such search and seizure or any person who claimsto be entitled to lawful possession of such property seized may move theappropriate court for the unsealing of such affidavit, and the burden ofproof with respect to continued sealing shall be upon the Commonwealth. Eachsuch clerk shall maintain an index of all such affidavits filed in his officein order to facilitate inspection. No such warrant shall be issued on anaffidavit omitting such essentials, and no general warrant for the search ofa house, place, compartment, vehicle or baggage shall be issued. The term"affidavit" as used in this section, means statements made under oath oraffirmation and preserved verbatim.
Failure of the officer issuing such warrant to file the required affidavitshall not invalidate any search made under the warrant unless such failureshall continue for a period of 30 days. If the affidavit is filed prior tothe expiration of the 30-day period, nevertheless, evidence obtained in anysuch search shall not be admissible until a reasonable time after the filingof the required affidavit.
(Code 1950, § 19.1-85; 1960, c. 366; 1973, c. 502; 1975, c. 495; 1976, c.552; 1977, c. 109; 1979, c. 583; 1980, c. 362; 1981, c. 559; 1989, c. 719;2006, c. 285; 2007, c. 212; 2008, cc. 147, 183.)
