Chap. 345.—An ACT to regulate search warrants and to prohibit searches with-
out search warrants. (S B 63]

Approved March 19, 1920.

Be it enacted by the general assembly of Virginia as follows:

Sec. 1. No search warrant shall be issued under any statute
whatever which has heretofore been or which may at this session
of the general assembly be enacted, or by reason of the common
law, until there is filed with the officers now authorized to issue the
same on affidavit of some person reasonably describing the house.
place, vehicle or baggage to be searched, the things to be searched
for thereunder, alleging briefly the material facts constituting the
probable cause for the issuance of such warrant and alleging sub-
stantially the offense in relation to which said search is to be made.
1920. | ACTS OF ASSEMBLY. 517

Such affidavit shall be certified by the justice, judge or court issuing
such warrant to the county clerk of his county or to the court clerk,
admitting deeds to record, of his city and shall by such clerk be pre-
served as a record and shall at all times be subject to inspection by
the public. No such warrant shall be issued on an affidavit omitting
such essentials, and no general warrant for the search of a house,
place, compartment, vehicle or baggage shall be issued by any jus-
tice, judge or court.

Sec. 2. Every search warrant shall be directed to some officer
now authorized by law to execute the same and shall command him
to search the house, place, vehicle, or baggage or thing designated,
either in day or night, and seize the property mentioned in such
affidavit, and bring the same and the person or persons in whose
possession the same are found before a justice or court having juris-
diction of the offense in relation to which such search was made;
provided, that in cities and towns having a police force the warrant
may also be directed “to any policeman of said city or town” and shall
be executed by the policeman or other officer into whose hands it
shall come or be delivered.

Sec. 3. If any such warrant be executed by the seizure of prop-
erty, the said property shall be safely kept as now required and di-
rected by law, to be used as evidence, and thereafter be disposed of
as provided by law, provided, however, that any such property seized
under such warrant which is stolen or embezzled property shall be
restored to its owner as soon as there is no further need for its use
as evidence unless it is otherwise expressly provided by law.

Sec. 4. It shall be unlawful for any officer of the law or any
other person to search any house, place, vehicle, baggage or thing
except by virtue of and under a warrant issued by the proper officer.
Any officer or other persons searching any house, place, vehicle, or
baggage otherwise than by virtue of and under a search warrant,
shall be deemed guilty of a misdemeanor and be fined not less than
fifty dollars nor more than five hundred dollars or be confined in
jail not less than one month nor more than six months, or both, in
the discretion of the justice, jury or court trying the same. 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, in addition to the penalty here-
inbefore provided, immediately forfeit his office, and such convic-
tion shall be deemed to create a vacancy in such office to be filled
according to law.

Provided, however, any officer empowered to enforce the game
laws and the laws with reference to intoxicating liquors may with-
out a search warrant enter for the purposes of police inspection any
freight yard or room, passenger depot, baggage room or warehouse,
storage room or warehouse, train, baggage car, passenger car, express
car, Pullman car, freight car, boat or other vehicle of any common
carrier, 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 of any baggage, bag,
trunk, box or other closed container without a search warrant.

Sec. 5. Any justice wilfully and knowingly issuing a general
search warrant, or a search warrant without the affidavit required by
section one (1) of this statute, shall be deemed guilty of a mis-
feasance or malfeasance.

Sec. 6. All acts or parts of acts in conflict herewith are hereby
repealed.