The warrant shall be executed by the search of the place described in the warrant and, if property described in the warrant is found there, by the seizure of the property. The officer who seizes any property shall prepare an inventory thereof, under oath. An inventory of any seized property shall be produced before the circuit court of the county or city where the search was conducted. The officer executing the warrant shall endorse the date of execution thereon and the officer or his designee shall file the warrant, with the inventory attached (or a notation that no property was seized) and the accompanying affidavit, unless such affidavit was made by voice or videotape recording, within three days after the execution of such search warrant in the circuit court clerk's office, wherein the search was made, as provided in § 19.2-54. Saturdays, Sundays, or any federal or state legal holiday shall not be used in computing the three-day filing period. The officer, or his designee or agent, may file the warrant, inventory, and accompanying affidavit by delivering them in person, or by mailing them certified mail, return receipt requested, or delivering them by electronically transmitted facsimile process.
Code 1950, § 19.1-87.1; 1970, c. 416; 1973, c. 11; 1975, c. 495; 1976, cc. 142, 552; 1977, c. 109; 1980, c. 573; 1984, c. 491; 2008, cc. 147, 183.
Notes of Decisions
Cited in
10
cases (
1 in the last 5 years), 1977–2022 · leading case:
West v. Commonwealth, 432 S.E.2d 730 (Va. Ct. App. 1993).
West v. Commonwealth, 432 S.E.2d 730 (Va. Ct. App. 1993).
· cites it 22× “t court should have granted his motion to suppress because (1) the affidavit failed to allege substantially the offense and the material facts constituting probable cause for issuance of the search warrant; (2) the affidavit failed to identify the existence of a second informant…”
Spivey v. Commonwealth, 479 S.E.2d 543 (Va. Ct. App. 1997).
· cites it 6× “ADMISSIBILITY OF EVIDENCE OMITTED FROM INVENTORY Code § 19.2-57 provides, in pertinent part, that: The officer who seizes any property [pursuant to a search warrant] shall prepare an inventory thereof, under oath.”
Woodward v. Commonwealth, 432 S.E.2d 510 (Va. Ct. App. 1993).
· cites it 2× “The defendant objected to the admission of this certificate of analysis on the ground that a proper chain of custody had not been established because the valve top had not been included in the inventory of the items seized during the search of the defendant’s bedroom. An officer…”
Caccioppo v. Commonwealth, 458 S.E.2d 592 (Va. Ct. App. 1995).
· cites it 2× “2-57, a procedural statute requiring the *538 filing of an inventory following the execution of a search warrant, did not expressly provide a right of suppression of evidence, a violation of that provision does not require application of the exclusionary rule).”
Fenner v. Dawes, 748 F. Supp. 404 (E.D. Va. 1990).
“An inventory shall be produced before a court having jurisdiction of the offense in relation to which the warrant was issued as provided in § 19.2-57. Any such warrant as provided in this section shall be executed by the policeman or other law-enforcement officer or agent into…”
Johnson v. Clarke (E.D. Va. 2022).
· cites it 2× “Assuming that the attachment to Johnson’s pleading is a portion of an affidavit filed in support of a search warrant, the affidavit could have been discovered prior to trial via a diligent investigation.”
Commonwealth v. Osborne, 4 Va. Cir. 450 (Bedford Cir. Ct. 1977).
· cites it 5× “The questions presented are: 1) Was the affidavit for the search warrant sufficient? 2) Did the officer's failure to file an inventory of the seized property under oath invalidate the search? 3) Did the search warrant cover the premises? Considering the third question first,…”
Commonwealth v. Payne, 19 Va. Cir. 415 (Charlottesville Cir. Ct. 1990).
“that the Commonwealth did not meet the requirements of § 19.2-57, was withdrawn. The evidence presented at the hearing on May 31, 1990, was as follows.”
Commonwealth v. Stepp, 45 Va. Cir. 263 (Loudoun Cir. Ct. 1998).
“The execution of a search warrant in Fairfax County that had been issued by a magistrate in another judicial district is a statutory violation, similar to the statutory delay in bringing a suspect before a magistrate as in Home or to the filing of an inventory and return not in…”
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