19.2-396 - Conduct of inspection, testing or collection of samples for testing; special procedure for dwelling. - Virginia Statutes

§ 19.2-396. Conduct of inspection, testing or collection of samples fortesting; special procedure for dwelling.

An inspection, testing or collection of samples for testing pursuant to suchwarrant may not be made in the absence of the owner, custodian or possessorof the particular place, things or persons unless specifically authorized bythe issuing judge upon a showing that such authority is reasonably necessaryto effectuate the purpose of the law or regulation being enforced. An entrypursuant to this warrant shall not be made forcibly, except that the issuingjudge may expressly authorize a forcible entry where facts are shownsufficient to create a reasonable suspicion of an immediate threat to publichealth or safety, or where facts are shown establishing that reasonableattempts to serve a previous warrant have been unsuccessful. In the case ofentry into a dwelling, prior consent must be sought and refused and noticethat a warrant has been issued must be given at least twenty-four hoursbefore the warrant is executed, unless the issuing judge finds that failureto seek consent is justified and that there is a reasonable suspicion of animmediate threat to public health or safety.

(1976, c. 625; 1979, c. 122.)