2006 Code of Virginia § 19.2-54 - Affidavit preliminary to issuance of search warrant; general search warrant prohibited; effect of f...

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 by such officer or otherofficer authorized to certify such warrants to the clerk of the circuit courtof the county or city wherein the search is made within seven days after theissuance of such warrant and shall by such clerk be preserved as a record andshall at all times be subject to inspection by the public; however suchaffidavit may be temporarily sealed by the appropriate court upon applicationof the attorney for the Commonwealth for good cause shown in an ex partehearing. Any individual arrested and claiming to be aggrieved by such searchand seizure or any person who claims to be entitled to lawful possession ofsuch property seized may move the appropriate court for the unsealing of suchaffidavit, and the burden of proof with respect to continued sealing shall beupon the Commonwealth. Each such clerk shall maintain an index of all suchaffidavits filed in his office in order to facilitate inspection. No suchwarrant shall be issued on an affidavit omitting such essentials, and nogeneral warrant for the search of a house, place, compartment, vehicle orbaggage shall be issued. The term "affidavit" as used in this section,means statements made under oath or affirmation 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 thirty days. If the affidavit is filed priorto the expiration of the thirty-day period, nevertheless, evidence obtainedin any such search shall not be admissible until a reasonable time after thefiling of 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.)