The warrant shall be executed by the search of the place described in the warrant and, if property described in the warrant is found there, by the seizure of the property. The officer who seizes any property shall prepare an inventory thereof, under oath. An inventory of any seized property shall be produced before the circuit court of the county or city where the search was conducted. The officer executing the warrant shall endorse the date of execution thereon and the officer or his designee shall file the warrant, with the inventory attached (or a notation that no property was seized) and the accompanying affidavit, unless such affidavit was made by voice or videotape recording, within three days after the execution of such search warrant in the circuit court clerk's office, wherein the search was made, as provided in § 19.2-54. Saturdays, Sundays, or any federal or state legal holiday shall not be used in computing the three-day filing period. The officer, or his designee or agent, may file the warrant, inventory, and accompanying affidavit by delivering them in person, or by mailing them certified mail, return receipt requested, or delivering them by electronically transmitted facsimile process.
Code 1950, § 19.1-87.1; 1970, c. 416; 1973, c. 11; 1975, c. 495; 1976, cc. 142, 552; 1977, c. 109; 1980, c. 573; 1984, c. 491; 2008, cc. 147, 183.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
§ 19.2-52. When search warrant may issue
§ 19.2-53. What may be searched and seized
§ 19.2-53.1. Taking blood samples pursuant to search warrant; immunity
§ 19.2-55. Issuing general search warrant or search warrant without affidavit deemed malfeasance
§ 19.2-56.1. Warrant issued for search of attorney's office
§ 19.2-57. Execution and return of warrant; list of property seized
§ 19.2-58. Disposition of property seized
§ 19.2-59. Search without warrant prohibited; when search without warrant lawful
§ 19.2-59.1. Strip searches prohibited; exceptions; how strip searches conducted
§ 19.2-60. Motion for return of seized property and to suppress
§ 19.2-60.1. Use of unmanned aircraft systems by public bodies; search warrant required