A. 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 (i) documents, (ii) books, (iii) papers, (iv) records, (v) body fluids, or (vi) electronic records stored within or outside the Commonwealth of a commercial enterprise, whether a domestic corporation or a foreign corporation, that is transacting or has transacted any business in the Commonwealth, constituting evidence of the commission of crime; or
5. Any person to be arrested for whom a warrant or process for arrest has been issued.
Notwithstanding any other provision in this chapter to the contrary, no search warrant may be issued as a substitute for a witness subpoena.
B. Any search warrant issued for the search and seizure of a computer, computer network, or other device containing electronic or digital information shall be deemed to include the search and seizure of the physical components and the electronic or digital information contained in any such computer, computer network, or other device, except information for which a search warrant is prohibited by § 19.2-60.2.
C. Any search, including the search of the contents of any computer, computer network, or other device conducted pursuant to subsection B, may be conducted in any location and is not limited to the location where the evidence was seized.
Code 1950, § 19.1-84; 1960, c. 366; 1962, c. 519; 1966, c. 363; 1970, c. 650; 1974, c. 113; 1975, c. 495; 1981, c. 559; 2015, c. 501; 2017, cc. 233, 242; 2024, cc. 523, 571; 2025, c. 345.
Notes of Decisions
Cited in
14
cases (
5 in the last 5 years), 1985–2026 · leading case:
Anzualda v. Commonwealth, 607 S.E.2d 749 (Va. Ct. App. 2005).
Anzualda v. Commonwealth, 607 S.E.2d 749 (Va. Ct. App. 2005).
· cites it 4× “See also Code § 19.2-53; Derr v. Commonwealth, 6 Va.”
Henshaw v. Commonwealth, 451 S.E.2d 415 (Va. Ct. App. 1994).
· cites it 4× “Code § 19.2-53 provides in pertinent part that search warrants may be issued to search for the following specified items: (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…”
Moyer v. Commonwealth, 531 S.E.2d 580 (Va. Ct. App. 2000).
· cites it 2× “at 1579 (citations and footnote omitted); see Code § 19.2-53 (permitting seizure, pursuant to search warrant, of “[a]ny object, thing, or person, including without limitation, documents, books, papers, records, or body fluids, constituting evidence of the commission of crime”).”
Anzualda v. Commonwealth, 592 S.E.2d 761 (Va. Ct. App. 2004).
· cites it 4× “" Thus, the information communicated by the suspect does not disclose a reasonable probability that the pistol the suspect traded would be at the residence on September 15, when the warrant was issued and executed.”
Virginia v. Brunson, 448 S.E.2d 393 (Va. 1994).
· cites it 3× “” In these cases, the Commonwealth argues, the initial physical seizure of the properties was undertaken pursuant to “the authority of § 19.2-53 and the Fourth Amendment to the Constitution of the United States” and that seizure under § 18.”
Cherry v. Commonwealth, 462 S.E.2d 574 (Va. Ct. App. 1995).
· cites it 4× “Code §§ 19.2-53, -56. Here, appellant's address was identified in the warrant as the place to be searched, and "marijuana" was specified as the item to be seized.”
Commonwealth of Virginia v. Bobby Eugene Branch, No. 0132221 (Va. Ct. App. June 21, 2022).
· cites it 10× “” Assuming without deciding that decriminalized, unlawful marijuana is subject to Code § 19.2-53(A) and considered “contraband” for purposes of the Fourth Amendment, the circumstances here did not provide the officers with probable cause that other contraband or evidence of a…”
Kevin Patrick McLeer v. Commonwealth of Virginia, No. 1929232 (Va. Ct. App. Mar. 18, 2025).
· cites it 4× “-4- regard to the nature of the search warrant and exactly what it called for” to determine whether Code § 19.2-53(B) authorized a search of McLeer’s cell phone.”
Commonwealth of Virginia v. Kenneth David Roulhac, No. 1094254 (Va. Ct. App. Dec. 9, 2025).
· cites it 4× “The court further held that Code § 19.2-53 did not cure the deficiency in the warrant because the statute did not apply to “a search warrant for a residence with items in the residence.”
Timothy Raymond Carter v. Commonwealth of Virginia, No. 0048163 (Va. Ct. App. Nov. 1, 2016).
· cites it 2× “Proper Denial of Carter’s Motion to Suppress Finally, Carter contends that the affidavit relied upon to secure a search warrant of his residence failed to (1) set forth any nexus between the items sought and their relevance to the investigation, (2) the facts set forth therein…”
Commonwealth of Virginia v. Jared William Stanley, No. 0962193 (Va. Ct. App. Nov. 12, 2019).
· cites it 2× “See Code § 19.2-53(B) (“Any search warrant issued for the search and seizure of a computer, computer network, or other device containing electronic or digital information shall be deemed to include the search and seizure of the physical components and the electronic or digital…”
Va. Code Ann. § 19.2-53(A): 1 case
Commonwealth of Virginia v. Bobby Eugene Branch, No. 0132221 (Va. Ct. App. June 21, 2022).
“” Assuming without deciding that decriminalized, unlawful marijuana is subject to Code § 19.2-53(A) and considered “contraband” for purposes of the Fourth Amendment, the circumstances here did not provide the officers with probable cause that other contraband or evidence of a…”
Va. Code Ann. § 19.2-53(A)(2): 1 case
Commonwealth of Virginia v. Bobby Eugene Branch, No. 0132221 (Va. Ct. App. June 21, 2022).
“” Assuming without deciding that decriminalized, unlawful marijuana is subject to Code § 19.2-53(A) and considered “contraband” for purposes of the Fourth Amendment, the circumstances here did not provide the officers with probable cause that other contraband or evidence of a…”
Va. Code Ann. § 19.2-53(B): 4 cases
Kevin Patrick McLeer v. Commonwealth of Virginia, No. 1929232 (Va. Ct. App. Mar. 18, 2025).
“-4- regard to the nature of the search warrant and exactly what it called for” to determine whether Code § 19.2-53(B) authorized a search of McLeer’s cell phone.”
Commonwealth of Virginia v. Jared William Stanley, No. 0962193 (Va. Ct. App. Nov. 12, 2019).
“See Code § 19.2-53(B) (“Any search warrant issued for the search and seizure of a computer, computer network, or other device containing electronic or digital information shall be deemed to include the search and seizure of the physical components and the electronic or digital…”
Commonwealth of Virginia v. Kenneth David Roulhac, No. 1094254 (Va. Ct. App. Dec. 9, 2025).
“The court further held that Code § 19.2-53 did not cure the deficiency in the warrant because the statute did not apply to “a search warrant for a residence with items in the residence.”
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