15103613D
SENATE JOINT RESOLUTION NO. 302
Offered January 21, 2015
Proposing an amendment to Section 10 of Article I of the
Constitution of Virginia, relating to general warrants of search or seizure.
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Patron-- Stuart
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Referred to Committee on Privileges and Elections
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RESOLVED by the Senate, the House of Delegates concurring, a
majority of the members elected to each house agreeing, That the following
amendment to the Constitution of Virginia be, and the same hereby is, proposed
and referred to the General Assembly at its first regular session held after
the next general election of members of the House of Delegates for its
concurrence in conformity with the provisions of Section 1 of Article XII of
the Constitution of Virginia, namely:
Amend Section 10 of Article I of the Constitution of Virginia
as follows:
ARTICLE I
BILL OF RIGHTS
Section 10. General warrants of search or seizure prohibited.
That general warrants,
whereby an officer or messenger may be commanded to search suspected places
without evidence of a fact committed, or to seize any person or persons not named,
or whose offense is not particularly described and supported by evidence, are
grievous and oppressive, and ought not to be granted. That the government shall not
violate the right of the people to be secure
against unreasonable searches and seizures of their persons, houses,
businesses, lands, papers, and effects,
including communications and stored personal
information and data. A reasonable search
or seizure is one based on probable cause that a law has been or will be
broken. An unreasonable search or seizure is one that is not based on a valid
law. Warrants and
other demands shall be issued only based upon
probable cause, signed by a neutral judge or magistrate, supported
by oath or affirmation, and particularly describing the place to be searched,
the persons, property, or things to be seized, or
the communications, personal information, or data to be accessed or
obtained. A person's disclosure of papers, effects,
communications, personal information, or data to another person shall not alone
constitute a waiver of this right. The people shall have
remedies of exclusion and actions for damages and other remedies wherein
defendants shall not enjoy greater immunity than other citizens of the
Commonwealth.
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