Virginia HB 1164: Search warrants; return to jurisdiction where executed.

Bill Text

Bill Tracking - 2018 session > Legislation 

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2018 SESSION

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18103219D

HOUSE BILL NO. 1164 

Offered January 10, 2018 

Prefiled January 10, 2018 

A BILL to amend and reenact � 19.2-56 of the Code of Virginia, 
 relating to return of search warrants to jurisdiction where executed. 
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Patron-- Ingram 

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Referred to Committee for Courts of Justice 

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Be it enacted by the General Assembly of Virginia:

1. That � 19.2-56 of the Code of Virginia is amended and 
 reenacted as follows:

� 19.2-56. To whom search warrant directed; what it shall 
 command; warrant to show date and time of issuance; copy of affidavit to be 
 part of warrant and served therewith; warrants not executed within 15 days.

The judge, magistrate or other official authorized to issue 
 criminal warrants, shall issue a search warrant if he finds from the facts or 
 circumstances recited in the affidavit that there is probable cause for the 
 issuance thereof.

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 employed by the 
 Commonwealth and vested with the powers of sheriffs and police, or (iii) 
 jointly to any such sheriff, sergeant, policeman or law-enforcement officer or 
 agent and an agent, special agent or officer of the Federal Bureau of 
 Investigation, the Bureau of Alcohol, Tobacco and Firearms of the United States 
 Treasury, the United States Naval Criminal Investigative Service, the United 
 States Department of Homeland Security, any inspector, law-enforcement official 
 or police personnel of the United States Postal Service, or the Drug 
 Enforcement Administration. The warrant shall (a) name the affiant, (b) recite 
 the offense or the identity of the person to be arrested for whom a warrant or 
 process for arrest has been issued in relation to which the search is to be 
 made, (c) name or describe the place to be searched, (d) describe the property 
 or person to be searched for, and (e) recite that the magistrate has found 
 probable cause to believe that the property or person constitutes evidence of a 
 crime (identified in the warrant) or tends to show that a person (named or 
 described therein) has committed or is committing a crime or that the person to 
 be arrested for whom a warrant or process for arrest has been issued is located 
 at the place to be searched.

The warrant shall command that the place be forthwith 
 searched, either in day or night, and that the objects or persons described in 
 the warrant, if found there, be seized. An inventory shall be produced before a 
 court having jurisdiction of the offense or over the person to be arrested for 
 whom a warrant or process for arrest has been issued in relation