19.2-59 - Search without warrant prohibited; when search without warrant lawful. - Virginia Statutes

§ 19.2-59. Search without warrant prohibited; when search without warrantlawful.

No officer of the law or any other person shall search any place, thing orperson, except by virtue of and under a warrant issued by a proper officer.Any officer or other person searching any place, thing or person otherwisethan by virtue of and under a search warrant, shall be guilty of malfeasancein office. Any officer or person violating the provisions of this sectionshall be liable to any person aggrieved thereby in both compensatory andpunitive damages. Any officer found guilty of a second offense under thissection shall, upon conviction thereof, immediately forfeit his office, andsuch finding shall be deemed to create a vacancy in such office to be filledaccording to law.

Provided, however, that any officer empowered to enforce the game laws ormarine fisheries laws as set forth in Title 28.2 may without a search warrantenter for the purpose of enforcing such laws, any freight yard or room,passenger depot, baggage room or warehouse, storage room or warehouse, train,baggage car, passenger car, express car, Pullman car or freight car of anycommon carrier, or any boat, automobile or other vehicle; but nothing in thisproviso contained shall be construed to permit a search of any occupied berthor compartment on any passenger car or boat or any baggage, bag, trunk, boxor other closed container without a search warrant.

(Code 1950, § 19.1-88; 1960, c. 366; 1975, c. 495; 1976, c. 293; 1978, c.721; 1997, c. 147.)