Virginia Code 3.2-706: Authority for inspections; warrants
To effectuate the purpose of this article, the Commissioner may, with a warrant or with the consent of the owner, make reasonable inspections of any property in the Commonwealth and may, without a warrant, stop and inspect, in a reasonable manner, any means of conveyance moving within the Commonwealth, upon probable cause that it contains or carries any pest, host, or other regulated article subject to this article, and may make any other reasonable inspection of any property or means of conveyance for which, under the Constitution of the United States and the Constitution of the Commonwealth, no warrant is required.
Terms Used In Virginia Code 3.2-706
- Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
- Host: means any plant or plant product upon which a pest is dependent for completion of any portion of its life cycle. See Virginia Code 3.2-700
- Pest: means an insect, disease, parasitic plant, or other organism of any character whatever, in any living stage, vertebrate or invertebrate, causing or capable of causing injury or damage to any plant or part thereof or any processed, manufactured, or other product of plants, or otherwise creating a public nuisance. See Virginia Code 3.2-700
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Regulated article: means any article of any character carrying or capable of carrying the pest against which the quarantine is directed. See Virginia Code 3.2-700
- United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
In accordance with § 19.2-52, the appropriate persons have authority to issue warrants for such inspections upon a showing by the Commissioner that there is probable cause to believe that there exists in or on the property to be inspected a pest, host, or other regulated article subject to this article.
1975, c. 29, § 3.1-188.26; 1980, c. 291; 2008, c. 860.