Bill Text: VA HB1909 | 2011 | Regular Session | Chaptered
Bill Title: Search warrants; allows court to temporarily seal.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-03-16 - Governor: Acts of Assembly Chapter text (CHAP0219) [HB1909 Detail]
Download: Virginia-2011-HB1909-Chaptered.html
Be it enacted by the General Assembly of Virginia: 1. That § 19.2-54 of the Code of Virginia is amended and reenacted as follows: § 19.2-54. Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of failure to file affidavit. No search warrant shall be issued until there is filed with
the officer authorized to issue the same an affidavit of some person reasonably
describing the place, thing, or person to be searched, the things or persons to
be searched for thereunder, alleging briefly material facts, constituting the probable
cause for the issuance of such warrant and alleging substantially the offense
in relation to which such search is to be made and that the object, thing, or
person searched for constitutes evidence of the commission of such offense. The
affidavit may be filed by electronically transmitted facsimile process. Such
affidavit shall be certified by the officer who issues such warrant and
delivered in person, mailed by certified mail, return receipt requested, or
delivered by electronically transmitted facsimile process by such officer or
his designee or agent to the clerk of the circuit court of the county or city
wherein the search is made, with a copy of the affidavit also being delivered
to the clerk of the circuit court of the county or city where the warrant is
issued, if in a different county or city, within seven days after the issuance
of such warrant and shall by such clerks be preserved as a record and shall at
all times be subject to inspection by the public; however, such
affidavit, any warrant issued pursuant thereto, any return made thereon, and
any order sealing the affidavit, warrant, or return may be temporarily
sealed for a specific period of time by the appropriate court upon
application of the attorney for the Commonwealth for good cause shown in an ex
parte hearing. Any individual arrested and claiming to be aggrieved by such
search and seizure or any person who claims to be entitled to lawful possession
of such property seized may move the appropriate court for the unsealing of
such affidavit, warrant, and return Failure of the officer issuing such warrant to file the required affidavit shall not invalidate any search made under the warrant unless such failure shall continue for a period of 30 days. If the affidavit is filed prior to the expiration of the 30-day period, nevertheless, evidence obtained in any such search shall not be admissible until a reasonable time after the filing of the required affidavit. |