A person aggrieved by an allegedly unlawful search or seizure may move the court to return any seized property and to suppress it for use as evidence. The court shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted by a court of record, any seized property shall be restored as soon as practicable unless otherwise subject to lawful detention, and such property shall not be admissible in evidence at any hearing or trial. If the motion is granted by a court not of record, such property shall not be admissible in evidence at any hearing or trial before that court, but the ruling shall have no effect on any hearing or trial in a court of record.
1975, c. 495.
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