Except as provided in § 19.2-56.1, 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.
An application for a search warrant to withdraw blood from a person suspected of violating § 18.2-266, 18.2-266.1, 18.2-272, 29.1-738, 29.1-738.02, or 46.2-341.24 shall be given priority over any pending matters not involving an imminent risk to another's health or safety before such judge, magistrate, or other person having authority to issue criminal warrants.
Code 1950, § 19.1-83; 1960, c. 366; 1975, c. 495; 1986, c. 636; 2017, cc. 623, 673.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1990–2023 · leading case:
Tart v. Commonwealth, 437 S.E.2d 219 (Va. Ct. App. 1993).
Tart v. Commonwealth, 437 S.E.2d 219 (Va. Ct. App. 1993).
· cites it 8× “See Code § 19.2-52 through Code § 19.2-60. Nothing in our statutory law allows a search to be made pursuant to a warrant, absent probable cause.”
Boyd v. Commonwealth, 402 S.E.2d 914 (Va. Ct. App. 1991).
· cites it 2× “Thus, Boyd argues that the search of his residence and the seizure of drugs and paraphernalia was unreasonable and violated his federal and state constitutional rights under fourth amendment, Article I, section 10 of the Virginia Constitution and Code § 19.2-52 et seq. We…”
Henshaw v. Commonwealth, 451 S.E.2d 415 (Va. Ct. App. 1994).
· cites it 2× “On appeal, the only issue appellant raises is whether the court had a duty under the mandate of Article I, Section 8 of the Virginia Constitution, upon a proper showing, either under its general authority or under the authority of Code § 19.”
United States v. Moore, 775 F. Supp. 2d 882 (E.D. Va. 2011).
· cites it 6× “Va.Code Ann. § 19.2-52. 3 . Section 19.2-56 states, in relevant part: Every search warrant shall be directed to (i) the sheriff, sergeant, or any policeman of the county, city or town in which the place to be searched is located, (ii) any law-enforcement officer or agent…”
Fenner v. Dawes, 748 F. Supp. 404 (E.D. Va. 1990).
“A Virginia magistrate has jurisdiction only “to issue search warrants in accord with the provisions of §§ 19.2-52 to 19.2-60 of the Code.” Va.Code Ann.”
Commonwealth v. Lagundino, 37 Va. Cir. 78 (Spotsylvania Cir. Ct. 1995).
“Virginia’s search warrant procedure is found in § 19.2-52 et seq. A search warrant may issue only upon probable cause determined from the statements in an affidavit filed with the issuing officer.”
Orlando v. Smith (W.D. Va. 2023).
“Code § 19.2-52. Once it has been issued, the administration and subsequently seized property are overseen by the Virginia Circuit Court.”
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