certification requirement in Virginia

2018The purpose of Code § 19.2-54’s filing requirement, like the certification requirement, “‘is to give the defendant reasonable opportunity to determine that the affidavit on file is the same one upon which the determination of probable cause was based.’” Id. (quoting Robertson v. Rogers, 2 Va. App. 503, 507 , 346 S.E.2d 41, 44 (1986)).

2018The purpose of Code § 19.2-54’s filing requirement, like the certification requirement, “‘is to give the defendant reasonable opportunity to determine that the affidavit on file is the same one upon which the determination of probable cause was based.’” Id. (quoting Robertson v. Rogers, 2 Va. App. 503, 507 , 346 S.E.2d 41, 44 (1986)).

2001The purpose of the filing requirement, like the certification requirement, “ ‘is to give the defendant reasonable opportunity to determine that the affidavit on file is the same one upon which the determination of probable cause was based.’ ” Robertson v. Rogers, 2 Va.App. 503, 507, 346 S.E.2d 41, 44 (1986) (quoting Garza v. Commonwealth, 228 Va. 559, 566 , 323 S.E.2d 127, 131 (1984)), aff'd, 360 S.E.2d 715 (1987).

2001The purpose of the filing requirement, like the certification requirement, “ ‘is to give the defendant reasonable opportunity to determine that the affidavit on file is the same one upon which the determination of probable cause was based.’ ” Robertson v. Rogers, 2 Va.App. 503, 507, 346 S.E.2d 41, 44 (1986) (quoting Garza v. Commonwealth, 228 Va. 559, 566 , 323 S.E.2d 127, 131 (1984)), aff'd, 360 S.E.2d 715 (1987).

2018Although not cited by the Commonwealth, this Court in Lockhart v. Commonwealth, 34 Va. App. 329 , 542 S.E.2d 1 (2001), held that “the Supreme Court in Quintana, in addressing the certification requirement of Code § 19.2-54, gave greater weight to the achievement of the notice-based purpose of the statute than to a strict, technical reading of the statute.” Id. at 338, 542 S.E.2d at 5 .

2018Although not cited by the Commonwealth, this Court in Lockhart v. Commonwealth, 34 Va. App. 329 , 542 S.E.2d 1 (2001), held that “the Supreme Court in Quintana, in addressing the certification requirement of Code § 19.2-54, gave greater weight to the achievement of the notice-based purpose of the statute than to a strict, technical reading of the statute.” Id. at 338, 542 S.E.2d at 5 .

2025Code § 19.2-54 was designed to further “Fourth Amendment purposes,” and the purpose of the certification requirement of the statute “is to insure that the affidavit filed with the clerk for the information of the accused is the same affidavit upon which the finding of probable cause was based.” Quintana v. Commonwealth, 224 Va. 127, 136 (1982).

2016The Court found that the purpose of the certification requirement “in our statute is to insure that the affidavit filed with the clerk for the information of the accused is the same affidavit upon which the finding of probable cause was based.” Id. at 136 , 295 S.E.2d at 646-47 .

2008The United States Circuit Courts of Appeals, including our own Fourth Circuit, agree “that the certification requirement [in the federal statute] is not jurisdictional.” Id.; see also In re Grand Jury Subpoena, 175 F.3d 332, 337 (4th Cir. 1999).