No officer of the law or any other person shall search any place, thing or person, except by virtue of and under a warrant issued by a proper officer. Any officer or other person searching any place, thing or person otherwise than by virtue of and under a search warrant, shall be guilty of malfeasance in office. Any officer or person violating the provisions of this section shall be liable to any person aggrieved thereby in both compensatory and punitive damages. Any officer found guilty of a second offense under this section shall, upon conviction thereof, immediately forfeit his office, and such finding shall be deemed to create a vacancy in such office to be filled according to law.
Provided, however, that any officer empowered to enforce the game laws or marine fisheries laws as set forth in Title 28.2 may without a search warrant enter for the purpose of enforcing such laws, any freight yard or room, passenger depot, baggage room or warehouse, storage room or warehouse, train, baggage car, passenger car, express car, Pullman car or freight car of any common carrier, or any boat, automobile or other vehicle; but nothing in this proviso contained shall be construed to permit a search of any occupied berth or compartment on any passenger car or boat or any baggage, bag, trunk, box or other closed container without a search warrant.
Code 1950, § 19.1-88; 1960, c. 366; 1975, c. 495; 1976, c. 293; 1978, c. 721; 1997, c. 147.
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