The Virginia Affidavit for Search Warrant for Tracking Device is a document used by law enforcement officers when applying for a search warrant to use a tracking device in the state of Virginia. This affidavit outlines the information necessary for the court to consider when determining whether to issue a search warrant, including the officer's grounds for suspicion, the facts supporting the suspicion, and the scope of the search. There are two types of Virginia Affidavit for Search Warrant for Tracking Device: one for use when the tracking device is attached to a motor vehicle, and one for use when the tracking device is attached to a person. In either case, the affidavit must contain the same information, such as the officer’s reasons for suspicion, the facts supporting the suspicion, and the scope of the search.
Virginia Affidavit for Search Warrant for Tracking Device
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FAQ
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.
§ 19.2-59. Search without warrant prohibited; when search without warrant lawful. 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 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.
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.
Whenever a person in the custody of an officer shall escape or whenever a person shall flee from an officer attempting to arrest him, such officer, with or without a warrant, may pursue such person anywhere in the Commonwealth and, when actually in close pursuit, may arrest him wherever he is found.
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.