Virginia Code
Va. Code Ann. § 19.2-58 (2026)
Disposition of property seized
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If any such warrant be executed by the seizure of property, or of any other of the things aforesaid, the same shall be safely kept by the direction of such judge or court, to be used as evidence, and thereafter be disposed of as provided by law; provided, however, that any such property seized under such warrant which is not used in evidence and any property which is stolen or embezzled property shall be restored to its owner, and the things mentioned in § 19.2-53 may be burnt or otherwise destroyed, under such direction, as soon as there is no further need for its use as evidence unless it is otherwise expressly provided by law.
Code 1950, § 19.1-87; 1960, c. 366; 1975, c. 495.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2000–2025 · leading case: Park v. Commonwealth, 528 S.E.2d 172 (Va. Ct. App. 2000).
Park v. Commonwealth, 528 S.E.2d 172 (Va. Ct. App. 2000). “During the hearing, the judge entered an order authorizing the police to remove the seized money from the property room, where it was maintained as evidence in accordance with Code § 19.2-58, and to deliver it to the United States Drug Enforcement Agency for federal forfeiture…”
Samuel Joseph Orlando v. Sheriff Donald L. Smith, No. 5:22-cv-00062 (W.D. Va. Nov. 10, 2025). “App’x at 130 ; Va. Code Ann. §§ 19.2-58 , 19.2-60. Other courts have held that the failure to return seized property does not constitute a second seizure in violation of the Fourth Amendment.”
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