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Virginia Affidavit for Search Warrant for Real-Time Location Data

State:
Virginia
Control #:
VA-DC-308
Format:
PDF
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Description

Affidavit for Search Warrant for Real-Time Location Data

Virginia Affidavit for Search Warrant for Real-Time Location Data is an affidavit used by law enforcement officers in the state of Virginia to obtain a search warrant for real-time location data of a person or device. This affidavit is used to obtain GPS or other location data that can be used to track a person's movements over time. It is often used to investigate criminal activity or locate a missing person. The affidavit must be signed by the law enforcement officer requesting the warrant and must include details about the suspected criminal activity or other cause for the search warrant. It must also provide information about the person or device for which the warrant is sought, such as the name, address, phone number, and other identifying information. The affidavit must also provide details about the type of real-time location data to be obtained, such as GPS coordinates, cell tower data, or Wi-Fi data. There are two main types of Virginia Affidavit for Search Warrant for Real-Time Location Data: a traditional affidavit for a search warrant and a warrant application for real-time location data. The traditional affidavit requires more information about the suspected criminal activity and must be signed by the law enforcement officer. The warrant application for real-time location data requires less detail and is submitted directly to a judge.

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FAQ

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A. The judge, magistrate, or other official authorized to issue criminal warrants shall issue a search warrant only if he finds from the facts or circumstances recited in the affidavit that there is probable cause for the issuance thereof.

Virginia Code § 19.2-57 states: 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.

Any search, including the search of the contents of any computer, computer network, or other device conducted pursuant to subsection B, may be conducted in any location and is not limited to the location where the evidence was seized.

Notice of issuance of warrants or summonses ? Section 19.2-73.1, Code of Virginia provides that the Sheriff or his deputy may notify citizens of pending warrants (in misdemeanor or class 5 or 6 felonies) or summonses, and direct their appearance to a time and place for execution of such process.

Va. Code § 19.2-52. Although clerks are authorized to issue search warrants, the clerk should not do so without having had thorough training in making probable cause determinations and in issuing search warrants. Magistrates issue almost all search warrants in Virginia.

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Virginia Affidavit for Search Warrant for Real-Time Location Data