Except as provided in § 19.2-56.1, search warrants, based upon complaint on oath supported by an affidavit as required in § 19.2-54, may be issued by any judge, magistrate or other person having authority to issue criminal warrants, if he be satisfied from such complaint and affidavit that there is reasonable and probable cause for the issuance of such search warrant.

Terms Used In Virginia Code 19.2-52

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

An application for a search warrant to withdraw blood from a person suspected of violating § 18.2-266, 18.2-266.1, 18.2-272, 29.1-738, 29.1-738.02, or 46.2-341.24 shall be given priority over any pending matters not involving an imminent risk to another’s health or safety before such judge, magistrate, or other person having authority to issue criminal warrants.

Code 1950, § 19.1-83; 1960, c. 366; 1975, c. 495; 1986, c. 636; 2017, cc. 623, 673.

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