27-98.4 - Conduct of inspections, examinations, testing, or collection of samples. - Virginia Statutes

§ 27-98.4. Conduct of inspections, examinations, testing, or collection ofsamples.

No warrant shall be executed in the absence of the owner, operator or agentin charge of the particular building, structure, property or premises unlessspecifically authorized by the issuing judicial officer upon showing thatsuch authority is reasonably necessary to effect the purposes of a statute orregulation being enforced. An entry pursuant to this warrant shall not bemade forcibly, except that the issuing officer may expressly authorize aforcible entry (i) where facts are shown sufficient to create a reasonablesuspicion of an immediate threat to an occupant of the particular building,structure, property, or premises, or, to the general safety and welfare ofthe public, or, to adjacent buildings, structures, properties or premises, or(ii) where facts are shown establishing that reasonable attempts to serve aprevious warrant have been unsuccessful. If forcible entry is authorized, thewarrant shall be issued jointly to the fire official and to a law-enforcementofficer who shall accompany the fire official during the execution.

(1988, c. 549.)