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Search Warrants in Virginia

The Fourth Amendment to the United States Constitution was enacted to protect persons from government intrusion in their persons, homes, businesses and personal effects. Although Virginia has a similar provision in its state constitution, the Fourth Amendment is made applicable to all of the states by the "due process" clause of the Fourteenth Amendment.

In Virginia, the General Assembly has enacted several statutes that address search warrants. For instance, Code section 19.2-52 describes who has authority to issue search warrants. That section states, in applicable part, "... search warrants, based upon complaint on oath supported by an affidavit as required in § 19.2-54, may be issued by any judge, magistrate or other person having authority to issue criminal warrants, if he be satisfied from such complaint and affidavit that there is reasonable and probable cause for the issuance of such search warrant." Notice that the statute does not specify that the person swearing out the oath be a law enforcement officer, but that is generally the case, whether it be a local sheriff's deputy, state trooper, police officer, or federal agent.

The person seeking the issuance of the search warrant must also file an affidavit. Code section 19.2-54 states, in applicable part: "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."

In order to be a valid search warrant, it must also comply with what state law permits a person, place, or thing to be searched for. Code section 19.2-53 provides: "Search warrants may be issued for the search of or for specified places, things or persons, and seizure therefrom of the following things as specified in the warrant: (1)Weapons or other objects used in the commission of crime; (2) Articles or things the sale or possession of which is unlawful; (3) Stolen property or the fruits of any crime; (4) Any object, thing, or person, including without limitation, documents, books, papers, records or body fluids, constituting evidence of the commission of crime."