Va. Code » Title 19.2. Criminal Procedure » Chapter 6. Interception of Wire, Electronic or Oral Communications
Virginia Code

Va. Code Ann. § 19.2-65 (2026)

When intercepted communications and evidence derived therefrom not to be received in evidence

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, hearing or other proceeding in or before any court, grand jury, department, officer, commission, regulatory body, legislative committee or other agency of this Commonwealth or a political subdivision thereof if the disclosure of that information would be in violation of this chapter.

Code 1950, § 19.1-89.5; 1973, c. 442; 1975, c. 495.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1977–2024 · leading case: Belmer v. Commonwealth, 553 S.E.2d 123 (Va. Ct. App. 2001).
Sort: Relevance Newest Treatment
Belmer v. Commonwealth, 553 S.E.2d 123 (Va. Ct. App. 2001). · cites it 20× “Code § 19.2-65 creates an "exclusionary rule" for any information obtained in violation of the chapter.”
Commonwealth v. Housman, 986 A.2d 822 (Pa. 2009). · cites it 2× “[9] Va.Code Ann. § 19.2-65. [10] "As a general rule, substantive law is that part of the law which creates, defines[,] and regulates rights, while procedural laws are those that address methods by which rights are enforced.”
Morton v. Commonwealth, 315 S.E.2d 224 (Va. 1984). · cites it 5× “” 5 6 And Code § 19.2-65® provides that no part of the contents of an intercepted communication and no information derived therefrom may be received in evidence in any trial, hearing, or other proceeding if the disclosure of the information would be in violation of Chapter 6 of…”
Wilks v. Commonwealth, 234 S.E.2d 250 (Va. 1977). · cites it 3× “Va. Code § 19.2-65. But it is not a violation for a person to disclose the contents of a communication, intercepted in accordance with the provisions of the chapter, while testifying under oath in any criminal proceeding for an offense of extortion, bribery, or felony drug…”
Marsh v. Curran, 362 F. Supp. 3d 320 (E.D. Va. 2019). “§ 19.2-65. Thus, by their terms, the wiretapping statutes prohibit the use and disclosure of wiretapped communications or information derived from such communications by attorneys in a manner intimately related to judicial proceedings.”
Christopher Thomas Tinsley v. Commonwealth of Virginia, No. 2184232 (Va. Ct. App. Nov. 6, 2024). · cites it 8× “On appeal, Tinsley argues that the court erred by denying his motion to exclude audio recordings as inadmissible under Code § 19.2-65. After examining the briefs and record, the panel unanimously holds that oral argument is unnecessary because “the appeal is wholly without merit.”
Ryan Thomas Pick v. Commonwealth of Virginia, 852 S.E.2d 479 (Va. Ct. App. 2021). · cites it 2× “” Code § 19.2-65. However, Code § 19.2-62 provides a powerful “consent” exception from its coverage.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.